Data retention question

[Peter Fairbrother]

On 15/07/14 15:37, Ian Mason wrote:
>
> On 15 Jul 2014, at 04:41, Peter Fairbrother wrote:
>
>> 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.
>
> I'd argue for a poll being part of the *protocol*, not a
> *communication* per se. By analogy with the physical postal service,
> it's a bit like Bert shouting to George across the post-room
> "Anything to go to Farmer Giles today?". Bert's uttering may, in the
> strictest sense, be communication but as part of the Post Office's
> job of transmitting communications between users it's mere internal
> protocol.
>
> If one was to rely on this as *communication* then, coming back to
> the world of electronic communications, ARP packets would count as
> *communication* and

I agree that an email poll (or ARP packet, or cell tower registration) 
is part of a protocol - but it is very hard to argue that it is not, in 
itself, a communication as well.

Certainly, there is little in RIPA or DRIP to support that.


> suddenly every LAN in the country would suddenly
> come with a data retention requirement.


No: that isn't a type of data which must be retained.



-- Peter Fairbrother


SCHEDULE

COMMUNICATIONS DATA TO BE RETAINED

PART 1 FIXED NETWORK TELEPHONY
Data necessary to trace and identify the source of a communication

1.  (1)  The calling telephone number.

(2) The name and address of the subscriber or registered user of any 
such telephone.

Data necessary to identify the destination of a communication

2.  (1)  The telephone number dialled and, in cases involving 
supplementary services such as call forwarding or call transfer, any 
telephone number to which the call is forwarded or transferred.

(2) The name and address of the subscriber or registered user of any 
such telephone.
Data necessary to identify the date, time and duration of a communication

3.  The date and time of the start and end of the call.

Data necessary to identify the type of communication

4.  The telephone service used.

PART 2 MOBILE TELEPHONY

Data necessary to trace and identify the source of a communication

5.  (1)  The calling telephone number.

(2) The name and address of the subscriber or registered user of any 
such telephone.

Data necessary to identify the destination of a communication

6.  (1)  The telephone number dialled and, in cases involving 
supplementary services such as call forwarding or call transfer, any 
telephone number to which the call is forwarded or transferred.

(2) The name and address of the subscriber or registered user of any 
such telephone.

Data necessary to identify the date, time and duration of a communication

7.  The date and time of the start and end of the call.

Data necessary to identify the type of communication

8.  The telephone service used.

Data necessary to identify users’ communication equipment (or what 
purports to be their equipment)

9.  (1)  The International Mobile Subscriber Identity (IMSI) and the 
International Mobile Equipment Identity (IMEI) of the telephone from 
which a telephone call is made.

(2) The IMSI and the IMEI of the telephone dialled.

(3) In the case of pre-paid anonymous services, the date and time of the 
initial activation of the service and the cell ID from which the service 
was activated.

Data necessary to identify the location of mobile communication equipment

10.  (1)  The cell ID at the start of the communication.

(2) Data identifying the geographic location of cells by reference to 
their cell ID.


PART 3INTERNET ACCESS, INTERNET E-MAIL OR INTERNET TELEPHONY

Data necessary to trace and identify the source of a communication

11.  (1)  The user ID allocated.

(2) The user ID and telephone number allocated to the communication 
entering the public telephone network.

(3) The name and address of the subscriber or registered user to whom an 
Internet Protocol (IP) address, user ID or telephone number was 
allocated at the time of the communication.

Data necessary to identify the destination of a communication

12.  (1)  In the case of internet telephony, the user ID or telephone 
number of the intended recipient of the call.

(2) In the case of internet e-mail or internet telephony, the name and 
address of the subscriber or registered user and the user ID of the 
intended recipient of the communication.

Data necessary to identify the date, time and duration of a communication

13.  (1)  In the case of internet access—

(a) The date and time of the log-in to and log-off from the internet 
access service, based on a specified time zone,

(b) The IP address, whether dynamic or static, allocated by the internet 
access service provider to the communication, and

(c) The user ID of the subscriber or registered user of the internet 
access service.

(2) In the case of internet e-mail or internet telephony, the date and 
time of the log-in to and log-off from the internet e-mail or internet 
telephony service, based on a specified time zone.

Data necessary to identify the type of communication

14.  In the case of internet e-mail or internet telephony, the internet 
service used.

Data necessary to identify users’ communication equipment (or what 
purports to be their equipment)

15.  (1)  In the case of dial-up access, the calling telephone number.