Mandatory communications data retention lives on in the UK – or does it?


From the article:

Extra-territoriality

DRIPA makes two amendments according to the government, clarifications to the existing provisions concerning interception capability notices, interception warrants and communications data acquisition notices, both amendments designed to ensure that non-UK providers are within the scope of these provisions.

The amendments:

  • State that the notice or warrant may relate to conduct outside the UK.
  • Provide three different schemes for serving warrants or notices within the UK on operators located outside the UK.  These are graduated according to presumably the perceived intrusiveness of the warrant or notice.  So, for instance only a communications data notice may be notified orally, and then not for local authority notices requiring magistrates’ approval.
  • Provide that when considering under RIPA the reasonable practicability of a person outside the UK taking steps in a country outside the UK to give effect to a warrant, regard is to be had to any relevant requirements or restrictions under the law of that country and the extent to which it is reasonably practicable to give effect to the warrant without breaching them.

DRIPA makes no specific provision for giving data retention notices as opposed to interception capability notices, interception warrants and communications data acquisition notices to operators located outside the UK.

via Mandatory communications data retention lives on in the UK – or does it?.

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