Friday, September 21, 2007

UK Data Retention (EC Directive) Regulations 2007

As noted in my previous post, the UK Data Retention (EC Directive) Regulations 2007 will take effect on 1st October 2007. These regulations implement the Data Retentions Directive 2006/24/EC and apply to public communications providers. Public communications providers are defined under Regulation 2(d) as

(i) a provider of a public electronic communications network; or

(ii) a provider of a public electronic communications service;

Data will be retained for a period of 12 months from the date of communication (Regulation 4(2)). What is less than clear is whether a public communications provider can retain data for more than 12 months. The types of data to be retained are telephone numbers and mobile numbers (Regulation 5(1) and 5(2)). Under Regulation 8, the UK ICO continue to monitor the application of these regulations. The Regulations do not cover Internet access, Internet e-mail or Internet telephony to be retained (Regulation 4(5)). The Data Retention Directive, however. allows Member States to extend the rules to internet data at a later date, provided these rules are in force by 15 March 2009 (Art. 15(3)).

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