Data retention directive "invalid"
zenadsl6186 at zen.co.uk
Fri Apr 11 09:48:56 BST 2014
On 11/04/14 07:52, Roland Perry wrote:
> In article <534705C6.6040306 at zen.co.uk>, Peter Fairbrother
> <zenadsl6186 at zen.co.uk> writes
>> If an ISP has agreements with the Home Office regarding distributing
>> data to Police forces etc, I don't think these can be enforced.
> Data disclosure is disjoint from retention, and is covered by RIPA. It's
> not an agreement, but an obligation (on receipt of the necessary
Ah, I wasn't clear - what I meant was if an ISP deletes its data then
any contracts made under the CoP regarding data distribution (eg re
SPOCs, payments etc) would be unenforcable, as the ends of the contract
necessarily involve unlawfulness (ie retaining the data).
>> Certainly they cannot be enforced if the CoP is invalid, and probably
>> not otherwise if it is only partly disproportionate, which it almost
>> certainly is.
> I don't think disclosure is conditional on how you happened to have the
> data. If the data exists, it can be required to be disclosed.
There is no penalty under RIPA for failing to distribute the data if
they don't have it.
And, I don't think they have to distribute the data under RIPA anyway -
it would be disproportionate.
That's a step, granted, but it's very much in line with the ECJ's
-- Peter Fairbrother
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