Legal framework for managing the processes around mandatory communications data regime formally enhanced Secondary legislation (the Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015 (SI 2015/927) and the Retention of Communications Data (Code of Practice) Order 2015 (SI 2015/926)) was enacted at the end of March, bringing into … Continue reading
Category Archives: Data retention
Counter-Terrorism and Security Act 2015 receives UK Royal Assent
Confirmed (albeit temporary) expansion in data retention powers to add new cyber-clue pieces to identity-profile ‘jigsaws’ The Counter-Terrorism and Security Act 2015 was enacted on 12 February 2015, following agreement by both Houses of Parliament on the text of the Bill (discussed on this blog here and here). The Act contains a number of tough … Continue reading
Joint Human Rights Committee issues report scrutinising expansion by the Counter-Terrorism and Security Bill of UK data retention powers under the Data Retention and Investigatory Powers Act 2014
Big Brother’s ‘Little Brother’ revision law also goes beyond what is strictly necessary from a human rights perspective, warns Committee The UK Joint Human Rights Committee has expressed doubts as to whether proposed data retention powers in the Counter-Terrorism and Security (CTS) Bill satisfy the requirements of the CJEU’s 2014 Digital Rights Ireland (DRI) decision … Continue reading
New Dutch data retention law subject to judicial review
‘Mind your step’ – Repeal looms large in Europe for attempts to legalise invalid legislation Last year, many thought data retention legislation across Europe would withdraw quietly into the history books. In April, the Data Retention Directive (2006/24/EC) was declared invalid by Europe’s highest court (the CJEU) – based on its finding that the duration … Continue reading
The (EU Parliament) Legal Service’s opinion on the impact of the invalidity of the data retention Directive…. Is the wind starting to blow?
On 8 January, the legal service of the European Parliament released an opinion, the purpose of which was to answer 9 questions posed by its LIBE Committee (Civil Liberties, Justice and Home affairs), as regards the effect of the judgment of CJEU in the landmark Digital Ireland (DRI) case of 8 April 2014 on the … Continue reading
Home Office consults on proposals to update communications data codes of practice in the UK
Legal framework for mandatory communications data regime continues to evolve The UK Home Office has launched a consultation on plans to update the acquisition and disclosure of communications data code of practice and introduce a new retention of communications data code of practice. Both documents are provided in draft form. The former code sets out … Continue reading
The potential impact of the Counter Terrorism and Security Bill on the Data Retention and Investigatory Powers Act 2014
Small drips but when might the floodgates open? – UK public telecoms to retain more types of communications data in the future Further to Sophie’s post last week on the potential impact of the Counter Terrorism and Security Bill (‘CTSB’) proposed last month by the UK government, one of our research colleagues at the University … Continue reading
Could the Counter-Terrorism and Security Bill really change things for online service providers?
The Counter-Terrorism and Security Bill (CTSB) was introduced in the House of Commons on 26 November 2014 as a way to “address the capabilities gap the authorities face when it comes to communications data” says Theresa May. In particular, the aim is to “require internet providers to retain Internet Protocol – or IP – address … Continue reading
Australian government proposes controversial mandatory metadata retention scheme for telcos
Metadata definition going deep down under? Australia has recently thrown a spotlight on the issue of metadata, a topic we have talked about already on this blog as a buzzword in today’s digital discourses that all too often lacks clear legal definition. Earlier this year, a leaked confidential discussion paper by the Australian Government became … Continue reading
What the hell are these metadata? ….Are communications data, traffic data and metadata all the same thing?
And here is the first Peep Beep! post: The Snowden revelations have transformed the word “metadata” into a buzzword. The question that many are asking these days is who can collect and retain metadata. Can law enforcement agencies and intelligence services collect and retain metadata at their will? Can Internet access providers do what they … Continue reading