Communications data
Retaining data
Communication service providers (CSPs) work with the government to retain communications data.
This has traditionally been in line with voluntary arrangements set out in the Code of Practice on Data Retention (new window) approved by Parliament under part 11 of the Anti-terrorism, Crime and Security Act 2001 (new window) but this is changing (see below). Costs for this work can be recovered.
Retaining communications data - changes in the law
The Code of Practice on Data Retention approved by Parliament under part 11 of the Anti-terrorism, Crime and Security Act is being replaced by arrangements under the EU Data Retention Directive (Directive 2006/24/EC).
The aim of the Directive is to ensure that communications service providers retain certain data to enable public authorities to undertake their lawful activities to investigate, detect and prosecute crime and to protect the public.
The Directive represents a transition from a voluntary regime for retention of communications data in the UK to a framework which mandates minimum requirements for retention of data across Europe.
The government has decided that the minimum retention period should be 12 months and this is in line with the voluntary arrangements that currently apply in this country.
Stage one - for fixed line and mobile telephony - has already been completed. The final stage applies to the more complex area of internet communications and the government is currently considering the responses to a consultation document inviting public and stakeholder comment.
Payment for data
Agreements between CSPs and public authorities enable CSPs to recover their costs incurred in meeting lawful requirements for acquisition and disclosure of communications data.
Section 106 of the Anti-terrorism, Crime and Security Act 2001 provides that the Secretary of State may make appropriate contributions towards the costs incurred by providers in complying with the provisions of the Code of practice.
Information about intercept and CSP obligations.
