§ Norman BakerTo ask the Secretary of State for the Home Department what analysis he has conducted to ensure the provisions relating to retention and use of communications data traffic are consistent with the provisions of the(a) Data Protection Act 1998, 228W (b) Telecommunications (Data Protection and Privacy) Regulations 1999 and (c) Human Rights Act 1998; and if he will make a statement. [20443]
§ Mr. Bob AinsworthI am satisfied that the code of practice relating to the retention of communications data as provided for in the Anti-Terrorism, Crime and Security Bill will be drafted in such a way as to be fully compliant with the provisions of the Data Protection Act 1998, the Telecommunications (Data Protection and Privacy) Regulations 1999 and the Human Rights Act 1998. We will consult the Information Commissioner to help ensure that this is achieved.
Access to communications data will in future be regulated by Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000, which requires that access be necessary and proportionate.
§ Norman BakerTo ask the Secretary of State for the Home Department to what extent the voluntary Code of Practice proposed in clause 11 of the Anti-Terrorism, Crime and Security Bill will provide protection for the UK communications provider industry against challenges under the Data Protection Act 1998. [20442]
§ Mr. BlunkettThe code of practice and agreements proposed in part 11 of the Anti-Terrorism Crime Security Bill will be drafted in a way which is compatible with data protection and human rights legislation. For the code to comply with the Data Protection Act 1998, data retained under it should only be kept for a period which is necessary and proportionate to the purposes for which it is kept.
We will consult the Information Commissioner to help ensure that the drafting of the voluntary code is fully compliant with the Data Protection Act.