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Government launches consultation on communications data and rules out single store
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;
and
* 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;
and
* 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:
"My key priority is to protect the citizens of the UK and communications data is an essential tool for law enforcement agencies to track murderers and paedophiles, save lives and tackle crime.
"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.
"It is essential that the police and other crime fighting agencies have the tools they need to do their job. However, to be clear there are absolutely no plans for a single central store.
"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."
Temporary Assistant Commissioner of the Metropolitan Police Service Janet Williams, said:
"I can't stress enough how integral to our investigations communications data is. Traditionally the types of data available for analysis were relatively limited but with the communication revolution creating multiple new formats the challenge for us is that current legislation hasn't kept pace.
"Its continued availability is essential for us to ensure
that criminals are not able to gain the advantage. It allows us to
save lives, establish how co-conspirators are linked and develop
leads. From both an investigative and prosecution perspective it
is crucial in helping us get to the truth. Without it I believe it
would seriously impede our ability to successfully investigate a
range of crimes and keep the public safe."
Sir Stephen
Lander, Chair of the Serious Organised Crime Agency, said:
"Communications data and intercept intelligence are essential tools in 95 per cent of the most serious crime investigations in the UK.
"Any significant reduction in the capability of law enforcement agencies to obtain and use this information would lead to more unsolved murders, more firearms on our streets, more successful robberies, more unresolved kidnaps, more harm from the use of Class A drugs, more illegal immigration and more unsolved serious crime overall."
NOTES TO EDITORS:
1) The consultation can be found here:
2) Communications data is the "who, where, when and how" of communications from mobile phone calls, texts, emails and instant messages. It is NOT the "what" or content. It can tell you who sent an email to whom but not what the content of that email was.
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