Protecting the public in a changing communications environment

Introduction

This document sets out what communications data is and the vital role it currently plays in helping our law enforcement, security and intelligence agencies and emergency services to protect the public.

It explains how rapid technological changes in the communications industry threaten the ability of public authorities to use communications data to do in the future what they can do now. It sets out a range of options for what the Government might do to prevent this loss of capability. It also examines the privacy implications of this work, and describes current and possible future safeguards against unnecessary intrusion into people’s lives.

The document asks various questions, on which the Government would welcome your views. These questions are summarised at Annex A, which also sets out how you can contribute.

Other linked consultations

The policy of the acquisition of communications data by public authorities has been subject to a number of public consultations over the last decade. These include:

* A consultation on the final phase of the implementation of the EU Data Retention Directive in 2008;

* A consultation on the first phase of the implementation of the EU Data Retention Directive in 2006;

* A consultation in 2006 on the statutory Code of Practice accompanying Part I, Chapter II of the Regulation of Investigatory Powers Act 2000 (RIPA), the legislation enabling public authorities to acquire communications data;

* A consultation in 2003 on the Code of Practice for the voluntary retention of communications data under the Anti-Terrorism, Crime and Security Act 2001 (ATCSA);

* A wider consultation on access to communications data by public authorities in 2003, seeking views on whether a number of additional public authorities should be entitled to acquire communications data.

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The Home Office also launched, on 17 April 2009, a consultation seeking views on which public authorities should be entitled to have the ability to use powers regulated by RIPA, including the power to acquire communications data.