HC Deb 06 November 2000 vol 356 c109W
Mr. McNamara

To ask the Secretary of State for the Home Department what guidelines and safeguards govern access to the records of(a) mobile telephone service providers, (b) cell phone relay masts and transmissions and (c) individual subscriber call records; and what body has responsibility for oversight. [134991]

Mr. Boateng

Communications data may be supplied voluntarily for specified purposes (eg investigation of crime) under section 29 of the Data Protection Act 1998 and section 45 of the Telecommunications Act 1984. It may additionally be supplied in obedience to court orders.

A more tightly controlled regulatory regime will be provided for under the Regulation of Investigatory Powers Act 2000. Chapter II of part I of the Act regulates access to communications data, explains the duties and responsibilities placed upon each party involved in the process, and creates a system of safeguards.

The overall regime will be subject to oversight by the office of the Interception Commissioner. We aim to consult on a draft code of practice early next year, and to implement the chapter II provisions by April 2001.