Hi,
I don't know whether I've mispreading what this legislation is about but I thought that it related to the rules by which telecommunications companies (telcos) and ISPs had to operate, rather than individual organisations. Presumably the rationale would be that:
a. would be terrorists are more likely to conduct their business from home/mobiles
b. even if they do it using work facilities the telcos would capture the data anyway.
Whilst what the legislation states might be useful to help inform local rules I wouldn't have thought that these reason behind these requirements to retain data should be used to inform an individual organisation's practice.
Have I got this wrong?
Regards,
David Lowe
Information Manager
West Berkshire Council
Council Offices
Market Street
Newbury
RG14 5LD
T: 01635 519817
F: 01635 519613
E: [log in to unmask]
>>> Oakman Phil <[log in to unmask]> 15-Dec-05 10:22:54 am >>>
Part 11 of the Anti-terrorism relates to a Code of Practice and section
4 says: "A failure by any person to comply with a code of practice or
agreement under this section which is for the time being in force shall
not of itself render him liable to any criminal or civil proceedings."
The EU proposal would be enforceable in law. The current proposal is the
"Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the retention of data processed in connection with the provision of
public electronic communication services and amending Directive
2002/58/EC"
The proposed EU directive mentioned by Deidre can be seen at the
European Digital Rights webpage
http://www.edri.org/docs/2decembercouncil.pdf or you can spend hours
looking for it on the EU Europa site (I know its there somewhere but
their search engine has packed up) http://europa.eu.int/
It's not universally popular in Europe and the European Data Protection
Supervisor's office have in the past raised concerns about it
http://www.edps.eu.int/01_en_presentation.htm
A recent earlier proposal intended a limit of 6 months on retention of
internet traffic data and the longer period for telephone traffic data.
Phil Oakman
Records Manager
The University of Northampton
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Skinner,
Claire
Sent: 15 December 2005 09:34
To: [log in to unmask]
Subject: Re: Internet Logs
See also:
Part 11 of the Anti-terrorism, Crime and Security Act, 2001
http://www.opsi.gov.uk/acts/acts2001/20010024.htm#aofs
I'm sure others out there know far more than me, however.
Cheers, Claire Skinner
Hants CC
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Sharp,
Deirdre
Sent: 14 December 2005 17:05
To: [log in to unmask]
Subject: Re: Internet Logs
Lee
There will be in the near future - this will be covered by impending
amendments to EU legislation on data about internet/e-mail/telecomms
traffic. The current draft proposal (as of 2/12/05) is that
"Member States shall ensure that the categories of data referred to in
Article 4 are retained for periods of not less than 6 months and for a
maximum of two years from the date of the communication [...]."
The legislation refers to data about traffic, not content.
Deirdre Sharp
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]]On Behalf Of Henley, Lee
Sent: 14 December 2005 16:46
To: [log in to unmask]
Subject: Internet Logs
Can anybody tell me as to whether there is a requirement for Authorities
to retain/make available internet logs for a specific period of time?
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