§ Baroness Anelay of St Johnsasked Her Majesty's Government:
Whether it is their intention to modify the code of practice on the retention of communications data 147WA provided by the Anti-terrorism, Crime and Security Act 2001 in response to future developments in communications technology. [HL4758]
§ Baroness Scotland of AsthalYes, if appropriate. Section 103(8) of the Act provides for the code to be revised in whole or part as necessary.
§ Viscount Bridgemanasked Her Majesty's Government:
What period they think is sufficient to review the voluntary code of practice on the retention of communications data under Part 11 of the Anti-terrorism, Crime and Security Act 2001 before concluding that it is necessary to make mandatory directions; and why that period is sufficient. [HL4759]
§ Baroness Scotland of AsthalNo final decision has yet been taken as it will depend on the level of take-up for the voluntary code.
§ Baroness Anelay of St Johnsasked Her Majesty's Government:
Whether the legal risk to communications service providers of voluntarily retaining data under Part 11 of the Anti-terrorism, Crime and Security Act 2001 makes the draft order to introduce a voluntary code of practice currently before both Houses unworkable; and whether they intend to invoke their reserve power provided in Section 104 of that Act. [HL4754]
§ Baroness Scotland of AsthalWe have sought to provide reassurance to communications service providers on this point, but it is ultimately a matter for them to assess the extent of any legal risk entailed in complying with the code of practice. We will keep this under review.
§ Baroness Anelay of St Johnsasked Her Majesty's Government:
Whether the current arrangements for data retention under Part 11 of the Anti-terrorism, Crime and Security Act 2001 are inadequate for national security purposes; if so, in what ways; whether they consider that the voluntary approach proposed will be applied consistently across the industry; and if there is no consistent approach, what implications this may have for the value of the whole exercise. [HL4755]
§ Baroness Scotland of AsthalWe are so far satisfied, but will review these arrangements in the light of take-up of voluntary retention by communication service providers. The reserve powers under Section 104 will be invoked if necessary.
§ Baroness Anelay of St Johnsasked Her Majesty's Government:
What assessment they have made to determine that the proposals in respect of Part 11 of the Anti-terrorism, Crime and Security Act 2001 for the code of practice on data retention are necessary, 148WA proportionate and justified as required by the European Convention on Human Rights. [HL4757]
§ Baroness Scotland of AsthalThis was set out in the consultation paper on a code of practice for voluntary retention of communications data published in March 2003. Having given careful consideration to the responses received, we remain satisfied that our proposals satisfy the necessity and proportionality requirements of the European Convention on Human Rights (ECHR).
§ Viscount Bridgemanasked Her Majesty's Government:
What funds they have set aside to meet their commitment to reimburse communications service providers for the additional costs they will incur in respect of Part 11 of the Anti-terrorism, Crime and Security Act 2001 if they voluntarily retain data under the proposed code of practice. [HL4761]
§ Baroness Scotland of Asthal£4 million is available this year. Future provision will be reviewed in the light of take-up of the code of practice on voluntary data retention by communications service providers.
§ Viscount Bridgemanasked Her Majesty's Government:
Whether they can effectively review the voluntary code of practice on the retention of communications data in respect of the Anti-terrorism, Crime and Security Act 2001 without first having carried out an assessment of the anticipated additional protection it will provide for national security. [HL4762]
§ Baroness Scotland of AsthalWe remain satisfied with the review criteria set out in the consultation paper on a code of practice for voluntary retention of communications data. These matters were fully considered and debated by Parliament during the passage of the ATCS Act.
§ Viscount Bridgemanasked Her Majesty's Government:
What proposals they have to resolve the disparity by which communications data retained under arrangements made under Part 11 of the Anti-terrorism, Crime and Security Act 2001 for the purposes of safeguarding national security and preventing or detecting related crime will be available on demand to a wide range of public authorities for much wider purposes, including the prevention or detection of any crime, protecting public health and collecting taxes. [HL4760]
§ Baroness Scotland of AsthalWe are satisfied that the Regulation of Investigatory Powers Act 2000 provides for lawful acquisition by public authorities of communications data only where this is demonstrably necessary and proportionate.