Press Notice 15th November 2002
Press Release
15th November 2002
All Party Internet Group to hold public inquiry into the retention
of and access to communications data for law enforcement purposes.
The All Party Internet Group (APIG) is to hold a public inquiry
into all aspects of communications data retention and the subsequent
access to that data from a UK, European and global perspective. The
inquiry will primarily focus on the enforcement of the powers contained
in the Regulation of Investigatory Powers Act and the Anti-Terrorism,
Crime & Security Act and their subsequent effect on communication
service providers.
APIG calls on communication service providers to present written
evidence to the inquiry before December 6th 2002. Public hearings will
be held in the House of Commons on the 11th & 18th December when
MPs will hold oral evidence sessions with industry, Government and
other interested bodies. The group will publish a report on their
findings early next year, likely to contain a number of recommendations
to Government.
Joint Chair of the All Party Internet Group, Richard Allan MP,
said: "The raft of legislation and associated issues which
communication service providers now face are daunting. What data should
be retained, how it is accessed and retained, the cost of retention and
conforming with multiple legal commitments are just some of the serious
issues facing law enforcement agencies, industry and legislators alike."
Brian White MP, Treasurer of APIG, said: "This inquiry will cut
across traditional departmental remits to examine in detail a
multifarious but hugely important issue that has connotations for the
whole of society"
He added: "I am very much looking forward to what
will I know will be a interesting and beneficial inquiry to all parties
involved."
Specifically the inquiry will examine:
- The powers incorporated in the Regulation of Investigatory Powers (RIP) Act 2000, Part I Chapter II;
- The voluntary and compulsory data retention regimes found in Part 11 of the Anti-terrorism, Crime and Security Act 2001;
- Other relevant legislation and European Directives such as:
- The Data Protection Act 1998;
- The Telecommunications Privacy Directive EU 97/66/EC,
- The Data Retention provisions of the EU 2002/58/EC, the recently adopted "Electronic Privacy" Directive;
- The Data Retention, Preservation and Partial Disclosure regimes in the Council of Europe Convention on Cybercrime;
- The extent to which communications data is held outside the direct control of Communications Service Providers (CSPs) and how this should be addressed;
- The value of communication data access to Law Enforcement Agencies, the types of data that are of importance and the periods for which it should be retained;
- The value of access to retained data by further authorities beyond those currently authorized by the RIP Act;
- The difficulties faced by Law Enforcement Agencies in conforming with existing legislation;
- The mechanisms that should be put in place to allow expedited data preservation and partial disclosure of traffic data to Law Enforcement Agencies in foreign countries;
- The costs to the CSPs of retaining communications data and in providing access to retained data;
- Competition issues for CSPs;
- Privacy Issues.
Written evidence should be submitted to inquiry@apig.org.uk by 6th December 2002. APIG may, at their discretion, as for oral evidence from witnesses on the mornings of 11th and 18th December 2002 at the House of Commons. The inquiry's report is expected to be published in late January 2003.
Notes to Editors:
- Richard Allan MP is the Liberal Democrat IT spokesman and represents Sheffield Hallam.
- Brian White MP is a leading Labour backbencher on technology issues representing Milton Keynes.
- The All Party Internet Group exists to provide a discussion forum between new media industries and parliamentarians. Accordingly, the group considers Internet issues as they affect society informing Parliamentary debate through meetings, informal receptions, inquiries and reports. The group is open to all members of the Houses of Parliament.
The Members of the inquiry are yet to be confirmed but will include Richard Allan MP & Brian White MP.
Enquiries about the work of the Committee:
Telephone: 020 7233 7322
Fax: 020 7233 7294
mail: inquiry@apig.org.uk
APIG Inquiry: Guidelines for Witnesses
The All Party Internet Group announced an inquiry into "Communications Data: Retention and Access" on 15th November 2002. The inquiry is anxious to receive as wide a range of submissions as possible.
- More information about APIG can be found at http://www.apig.org.uk
- Recent documents of relevance to the inquiry include:
- Regulation of Investigatory Powers Act 2000
- Anti-terrorism, Crime and Security Act 2001
- Data Protection Act 1998
- Human Rights Act 1998
- Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector
- Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)
- Council of Europe Convention on Cybercrime
- Members of Parliament daily receive a mass of papers. If a memorandum is to command their attention, it should be brief and to the point. In particular, it should address the matters raised by the inquiry and concentrate on the issues with which the witness has a special interest. A typical length would be about 1,000 words. Essential statistics or further details can be added as appendices.
- It would be greatly appreciated if memoranda could be submitted electronically either in plain ASCII, Adobe PDF format or in Microsoft Word .DOC or .RTF format. Ideally, pages and paragraphs should be numbered. Memoranda should be dated, with the name, address and telephone number of the person in the organization who is responsible for submission given at the end. Memoranda should be submitted to the address at the end of this notice.
- It is at the inquiry's discretion to print any evidence it receives. Any information that a witness would not wish to be considered for publication should be clearly marked.
- The inquiry has asked for all written evidence to be submitted by 6 December, although extensions to that deadline will be considered. The inquiry may decide, having read a memorandum, to invite a witness to give oral evidence.
Evidence may be submitted to:
APIG Secretariat,
23 Palace Street,
London, SW1E 5HW.
inquiry@apig.org.uk
Electronic submissions (in plain ASCII, Adobe PDF or Microsoft Word .DOC or .RTF formats) are preferred and can be emailed to inquiry@apig.org.uk