Data Retention Consultation

August 14, 2008

In March 2007 the Government undertook public consultation1 on the initial transposition of European Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.


The aim of the Directive is to ensure that certain data is retained to enable public authorities to undertake their lawful activities to investigate, detect2 and prosecute crime and to protect the public. It was agreed that there was further work to do before presenting firm proposals for the implementation of the Directive with respect to Internet-related data and the Government therefore made a declaration that it would postpone its application to the retention of internet-related data until no later than
15th March 2009.


The new consultation paper invites views on the proposed final phase for the transposition of the Directive on the retention of internet-related data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. Specifically, comments are invited on the draft Electronic Communications Data Retention (EC Directive) Regulations 2008 which will replace the Data Retention (EC Directive) Regulations 2007 and will therefore incorporate the obligation to retain communications data in relation to fixed line telephony and mobile telephony, as well as internet access, internet email and internet telephony.


Responses are sought by 31 October 2008.



The paper can be viewed here.