E-mail Retention
Thought people might be interested in this. It is from the lawzone website.
Tony Smith
Eversheds e80
The e-news service from Eversheds - Business Lawyers in Europe
e-mail retention following terrorist attack
The ISPA (Internet Service Providers Asociation) have confirmed to us today
that they were asked by the UK's National High Tech Crime Unit (NHTCU) to
request all of their members to preserve existing communications data held
on their systems to assist with investigations into the US terrorist
attack.
The NHTCU has confirmed to ISPA that any data preserved and retained as a
result of this request will only be accessed in accordance with specific
lawful authority. The request refers only to "communications data", such as
logs of e-mail sent and received. All requests for e-mail will still
require interception warrants.
ISPA has been informed that the Information Commissioner's office believes
that "the request from the NHTCU is lawful and and proportionate in the
circumstances. As there is provison in the Data Protection Act for
anything which affects national security which would probably be applicable
now considering the circumstances." There may however be a need for
specific advice in individual circumstances.
e80 readers will be aware that there is an ongoing debate and some
confusion as to the time period that ISPs are liable to retain e-mails and
we will return to this again on e80.
David Comrie
Eversheds
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