Data retention question

[Peter Fairbrother]

On 15/07/14 00:01, Alex Burr wrote:
> All, I hope this isn't a dumb question: I'm trying to figure out
> whether 'location data' in retained data includes location while a
> mobile device is not active in a call/text. I'm finding conflicting
> information, does anyone know precisely?
>
> On the face of it, DRIP & the invalidated directive call for 'cell id
> at the start of a communication', which sounds like only when a call
> or text happens.

I have no idea of the answers to your questions, but I'd like to point 
out that eg an email poll is a communication, of sorts at least - the 
device and the email server send each other information.

There isn't a definition of "communication" in either RIPA, the 
directive, or DRIP; certainly not one which limits the meaning to eg 
person-to-person communications like calls or texts.



-- Peter Fairbrother

(nor is the start or end of a communication anywhere defined; so what 
one person might think of as one communication might appear to another 
person as a series containing several communications)


This sounds like location when the phone is in
> standby is not logged (this is apparently the case by statute in the
> Netherlands, according to val Loenen [1, p100] However, the German
> politician Malte Spitze found that his mobile was being tracked every
> 10 minutes because of polling by an email client [2].
>
> Does anyone know if this applies in the UK? So far all I've found is
> a slide set by a forensics company [3, slide 7] which  says
> "Operators will in general only retain records relating to call
> activity • GPRS Data is frequently available, giving data without
> call activity • There are several exceptions including Home Location
> Register updates". My knowledge of mobile systems is a bit hazy but
> I've guessing if 'Home Location Register' was logged then the
> location would be retained data even during standby. In summary, does
> anyone know if a) location data is retained during standby in the
> UK? b) location data is logged at a fine grain due to email polling
> in the UK?
>
>
> Thanks,
>
> Alex
>
>
>
> [1]
> http://www.bastiaanvanloenen.nl/pubs/BVL_Locating%20mobile%20devices%202008.pdf
>
>  [2]
> http://www.zeit.de/digital/datenschutz/2011-03/data-protection-malte-spitz/seite-2
>
>
[3] 
http://www.slideshare.net/TheCellSiteExperts/cell-site-analysis-truths-myths
>
>