Data retention directive "invalid"

[Roland Perry]

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 
paperwork).

>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.
-- 
Roland Perry