The UK’s Home Office has recently announced that it no longer has any plans to create a centralised database to store all communciations data. In its consultation paper presented to Parliament in April 2009, and entitled “Protecting the Public in a Changing Communications Environment“, the Home Secretary Jacqui Smith commented that “this consultation explicitly rules out the option of setting up a single store of information for use in relation to communications data”. This is excellent news for all those concerned that the government was indeed considering establishing such a centralised database of all digital communication (see my comments in February about this). The consultation paper is a very important document, and lays out clearly the various options facing a government eager to get the balance right between privacy and security.
The consultation paper asserts that “The Government has no plans for a centralised database for storing all communications data. An approach of this kind would require communications service providers to collect all the data required by the public authorities, and not only the data required for their business needs. All of this communications data would then be passed to, retained in, and retrieved from, a single data store. This could be the most effective technical solution to the challenges we face and would go furthest towards maintaining the current capability; but the Government recognises the privacy implications of a single store of communications data and does not, therefore, intend to pursue this approach”.
With reference to third party data, two approaches are identified as possible ways forward:
- “The responsibility for collecting and retaining this additional third party data would fall on those communications providers such as the fixed line, mobile and WiFi operators, who own the network infrastructure”
- “A further step would be for the communications service providers to process the third party communications data and match it with their own business data where it has elements in common; this would make easier the interpretation of that data if and when it were to be accessed by the public authorities”.
In the light of this, the government intends to legislate “to ensure that all data that public authorities might need, including third party data, is collected and retained by communication service providers; and that the retained data is further processed by communications service providers enabling specific requests by public authorities to be processed quickly and comprehensively”.
The government is particularly eager to receive responses on four main questions:
- Q1 On the basis of this evidence and subject to current safeguards and oversight arrangements, do you agree that communications data is vital for law enforcement, security and intelligence agencies and emergency services in tackling serious crime, preventing terrorism and protecting the public? Found on page 22
- Q2 Is it right for Government to maintain this capability by responding to the new communications environment? Found on page 22
- Q3 Do you support the Government’s approach to maintaining our capabilities? Which of the solutions should it adopt? Found on page 30
- Q4 Do you believe that the safeguards outlined are sufficient for communications data in the future? Found on page 30
As the consultation paper concludes, “The challenge is to find a model which strikes the right balance between maximising public protection and the ability of the law enforcement and other authorities to do their jobs to prevent and detect crime and protect the public, and minimising the intrusion into our private lives”.