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Thursday, 9 February 2012

Consultation launches on communications data

  • Published: Monday, 27 April 2009

New measures to maintain the capability of public authorities to obtain access to communications data were announced by the Home Secretary today. The existing capability is declining in the face of rapid technological changes in the communications industry.

Publishing the consultation - 'Protecting the public in a changing communications environment' - the government explicitly rules out setting up a single store of all communications data.

Communications data is the "who, when, where and how" information from mobile phone calls, texts, emails and instant messages, but is not the content. The use of communication data is an important capability that is used by the police and other agencies here and around the world to protect the public and fight crime.

It can be used to prevent terrorism and serious crime, as well as to provide vital evidence at trial. It played an essential part in solving the cases and bringing to justice:

  • the bomber who survived his attack on Glasgow Airport and who was also responsible for the attempted bombing of Haymarket
  • Ian Huntley, following the murders of Holly Wells and Jessica Chapman
  • a gang responsible for the kidnap of Seven Chinese nationals smuggled into the UK
  • Philip Thompson, the 'librarian' who ran an international paedophile website
  • Sean Mercer, following the murder of schoolboy Rhys Jones

The consultation outlines ways to collect and retain communications data and seeks views on how to strike the right balance between privacy and security. The system the government is proposing is based on the current model where Communications Service Providers (CSPs) collect and store the data and where we have strict and effective safeguards in place to regulate access by public authorities.

The government proposes:

  • legislating to allow all data that public authorities might need, including third party data (data generated by communications services based overseas but crossing the networks in the UK) to be collected and retained by CSPs
  • having CSPs process the data to enable specific requests by public authorities - such as the police and Security Service - to be processed quickly and comprehensively

Jacqui Smith, the Home Secretary said: "Advances in communications mean that there are ever more sophisticated ways to communicate and we need to ensure that we keep up with the technology being used by those who would seek to do us harm.

"We recognise that there is a delicate balance between privacy and security, but to do nothing is not an option as we would be failing in our duty to protect the public."

Further information

The consultation can be found on the Home Office website.

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