The Data Retention (EC Directive) Regulations 2009

[Richard Clayton]

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<http://www.homeoffice.gov.uk/documents/cons-2008-transposition-
dir/cons-2008-draft-regulations?view=Binary>

They have stuck with 12 months :-(  but since the consultation last
Autumn the following magic has been added:

10. (1) These Regulations do not apply to a public communications
    provider unless the provider is given a notice in writing by the
    Secretary of State in accordance with this regulation.

    (2) The Secretary of State must give a written notice to a public
    communications provider under paragraph (1) unless the
    communications data concerned are retained in the United Kingdom in
    accordance with these Regulations by another public communications
    provider.

the magic being that the Home Office now gets to avoid having to deal
with the long tail of ISPs where it is not cost effective to insist on
data retention; BUT Brussels is happy because the law says that they
ought to be doing it...  and who could even suggest (quelle horreur)
that the Secretary of State might break the law !

- -- 
richard                                                   Richard Clayton

Those who would give up essential Liberty, to purchase a little temporary 
Safety, deserve neither Liberty nor Safety. Benjamin Franklin 11 Nov 1755


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