UK Data Retention and Investigatory Powers Bill

[Andrew Cormack]

> -----Original Message-----
> From: ukcrypto-bounces at chiark.greenend.org.uk [mailto:ukcrypto-
> bounces at chiark.greenend.org.uk] On Behalf Of Roland Perry
> Sent: 10 July 2014 21:14
> To: ukcrypto at chiark.greenend.org.uk
> Subject: Re: UK Data Retention and Investigatory Powers Bill
> 
> In article
> <CAK0b=2cu=0GrxSXoA8BedTPfseu0dBAv+qBxmOENd+vgYD17Qw at mail.gmail.com>,
> Tony Naggs <tony.naggs at googlemail.com> writes
> >I'm not really clear why a law change is required for communications
> >data to be held for 12 months. Probably most businesses will want to
> >hold this data for a year in order to address billing disputes & such
> 
> Very few ISPs produce itemised bills saying who you emailed and when,
> or
> listing which web pages you went to in order to use up your 1GB/month.
> --
> Roland Perry

And, as far as I can see, under the old regs, if the comms data wasn't related to the service you supplied then you couldn't be forced to collect/retain it. For example, an ISP that simply moved packets couldn't be required to 'retain' the comms data that happened to be contained in those of the packets that related to someone else's VoIP service:

Reg.3 These Regulations apply to communications data if, or to the extent that, the data are generated or processed in the United Kingdom by public communications providers in the process of supplying the communications services 
concerned.
[http://www.legislation.gov.uk/uksi/2009/859/regulation/3/made]

I can't see anything in DRIP that continues that limitation. Can anyone else?

Andrew


--
Andrew Cormack
Chief Regulatory Adviser, Janet
t: +44 1235 822302
b: https://community.ja.net/blogs/regulatory-developments
Janet(UK) is a trading name of Jisc Collections and Janet Limited, a not-for-profit company which is
registered in England under No.2881024 and whose Registered Office is at Lumen House, Library
Avenue, Harwell Oxford, Didcot, Oxfordshire, OX11 0SG. VAT No. 614944238