The Data Retention (EC Directive) Regulations 2009

[Zoe O'Connell]

On 12/02/09 12:43, Joel Harrison wrote:
> Under reg 10 of the new draft, and assuming that the SoS complies with
> the law (i.e. the obligation under reg 10(2)), the Regulations will
> apply to a public communications provider unless the relevant
> communications data is retained in the UK by another public
> communications provider.  The SoS still has the power to require
> overlapping retention because, although reg 10(2) *requires* a notice
> to be given under reg 10(1) where nobody else is retaining the data,
> it does not *prevent* a notice from being given under reg 10(1) where
> somebody else *is* retaining the data).

Based on previous Home Office performance with RIPA, they're likely to 
ignore everyone other than those who they regard as the really big 
providers - BT Group, Virgin Media, CPW, Tiscali and a couple of others 
(I've lost track of all the mergers/acquisitions over the last few 
years!) on the assumption that only those that control the copper in the 
ground are worth talking to. As a smaller provider, we had significant 
trouble with RIPA once the Home Office took over from the informal 
Police system and created the SPoC list. With section 10, at least 
anyone subject the DR Regulations and who might need clarification on 
the Home Office view about something or be applying for funding for 
retention will have someone to talk to. (The department that deal with 
RIPA do not have a phone number and do not respond to emails unless 
forced to do so)