§ Norman BakerTo ask the Secretary of State for the Home Department if it is his policy to allow law enforcement agencies access to all communications data of every UK telephone and Internet user; and if he will make a statement. [15186]
§ Mr. BlunkettAccess to communications data may be sought only for specified purposes (including, for example, investigation of crime) under the Data Protection Act 1998 or the Telecommunications Act 1984. It may additionally be supplied in obedience to court orders.
Chapter II of Part I of The Regulation of Investigatory Powers Act 2000 (RIPA) will provide a more regulated structure for access requests and create a system of safeguards.
A test of necessity (for example in the interests of national security or for the purpose of preventing or detecting crime) must be met before any communications data are obtained under Chapter II. An authorising officer must also consider the conduct involved in obtaining the communications data to be proportionate to what it seeks to achieve.
The use of powers to access data will be subject to oversight by the Interception Commissioner.