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The Data Retention (EC Directive) Regulations 2009 come into force on 6th April 2009

Spy Blog reports:

This Mandatory Data Retention is regardless of whether an Internet Service Provider or Telecommunications Company has any business need for this data any more , and which would therefore have been destroyed or anonymised under the Principles of Data Protection under the Data Protection Act. This data is not data identified as being useful for a particular targeted criminal investigation, but is mass surveillance snooping on the vast majority of the 450 million innocent people in the European Union.

The first part of this EU Directive, regarding landline telephones and mobile phones has already been in force in the UK since October 2007.

Remember that none of the “serious crime” or”terrorism” cases which were trotted out in support of this Data Retention policy actually involved any investigations which needed out of data communications traffic data as old as 12 months. The Soham murders investigation and the tracking of the July 2005 failed terrorist bomber who fled from London to Italy, all used current, Communications Traffic Data no more than a few days old or even in “real time”, which would not yet have been deleted by the telcos in the normal course of their business anyway.


This EU Mandatory Data Retention is not the same as the the Home Office’s evil plans for snaffling all such Communications Data logfiles into a centralised, secret database, something which they appear to be trying to bolt on to the existing Interception Modernisation Programme plans for new equipment etc. for GCHQ - i.e. the recipe for yet another Government IT project cost and delivery overrun in the making.

Such a a database would then allow them to evade even the weak scrutiny by the Interception of Communications Commissioner , Rt. Hon. Sir Paul Kennedy (who only has the power to audit a small sample of the requests made by the list of intelligence agencies, police forces, Whitehall Departments and quangos and Local Government Councils for requests to Communications Services Providers, and to evade any of the restraints on excessive snooping and on speculative mass data trawling through innocent people’s data, which the existing system of having to pay for each request, something which attracts external financial and budgetary scrutiny by senior management of the financial audit trail.

None of this has yet been spelled out in any detail, in spite of the promise of a Communications Data Bill in the Queens Speech in November 2008 (delayed) or a public consultation in January 2009 (delayed), promised by Home Home Secretary Jacqui Smith, back last October.

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