Legal news
Plans to develop one governmentrun database to keep a log of phone calls, e-mail and internet use in the UK have been attacked by lawyers and the Information Commissioner’s Office (ICO).
The gover nment recently proposed legislation which will make it compulsory to record UK internet usage and keep the information for up to a year. This would implement the remaining requirements of the Data Retention Directive which must be done by 2009. The original plan was to have internet service providers (ISPs) to hold the data but Home Office officials are now reportedly planning to ensure the data is stored by the government in a purpose-built database.
Lawdit Solicitors partner Michael Coyle says that in view of the recent loss of sensitive data by, among others, the Home Office, “eyebrows were raised” when the government announced these latest data retention measures.
“The question is one of proportionality: is there any justification for the state to retain every UK citizen’s phone and internet records?” he says.
The ICO says it is unjustified, risky and yet another step towards a surveillance society. Jonathan Bamford, assistant information commissioner, says: “If the intention is to bring all mobile and internet records together under one system, this would give us serious concerns and may well be a step too far. We are not aware of any justification for the state to hold every UK citizen’s phone and internet records. We have real doubts that such a measure can be justified, or is proportionate or desirable.“ He says such a measure would require wider public discussion and that proper safeguards would be needed to ensure the data is only used for the proper purpose of detecting crime. “Holding large collections of data is always risky; the more data that is collected and stored, the bigger the problem when the data is lost, traded or stolen. Defeating crime and terrorism is of the utmost importance, but we are not aware of any pressing need to justify the government itself holding this sort of data,” he adds.
