The Data Retention (EC Directive) Regulations 2009

[Richard Clayton]

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In article <7b6bd0c90902120443vfff603etfdb4df37107c1e2e@mail.gmail.com>,
Joel Harrison <joeldharrison@googlemail.com> writes

>I'm not sure this is actually a substantive change from the previous
>draft of the Regulations.

So it might fool Brussels then :)

>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.

It's the assumption that the SoS will get around to issuing all those
hundreds of notices that I consider significant (because I consider it
unlikely) ....

... so there's a rather better chance of value for money here (because
paying for data retention at the small business ISPs is not going to
make any real difference to policing capability)

>Interestingly, reg 10(2) does not say exactly *when* the SoS must give
>notice under reg 10(1)!

The interesting question is whether a third party (such as the music
majors) could force the SoS to issue notices so that their civil actions
had more chance of success...

BTW: Malcolm Hutty, on the LINX website, has pointed out another
interesting change -- to the definition of what "email is"

        https://publicaffairs.linx.net/news/?p=866

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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