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Home Office

Answer

Harry Cohen: To ask the Secretary of State for the Home Department if he will make a statement on the code of practice in relation to communications data; which public authorities will be able to have access to communications data; if he will make a statement on the support he has obtained from telecommunications companies for the concept of a voluntary code of practice to govern the access to communications data; whether he intends to use statutory powers to place access to communications data on a statutory footing; and if he will make a statement on the collective statement made by Data Protection Commissioners with regard to his proposals for the retention of communications data. [74584] Mr. Blunkett: Communications data may be supplied voluntarily for specified purposes (e.g. investigation of crime) under the Data Protection Act 1998. A more tightly controlled regulatory regime for access to communications data will be provided for under the Regulation of Investigatory Powers Act 2000 (RIPA). Chapter II of Part I of the Act explains the duties and responsibilities placed upon each party involved in the process, and creates a system of safeguards reflecting Article 8 of the European Convention of Human Rights (ECHR). The overall regime will be subject to oversight by the Interception of Communications Commissioner. The Chapter II provisions are subject to a statutory code of practice, a draft of which was published for public consultation during summer 2001. The code relates to the powers and duties conferred or imposed under Chapter II. It provides guidance on the procedures that must be followed before access to communications data can take place under those provisions. RIPA provides that the code is admissible in evidence in criminal and civil proceedings. We aim to implement the Chapter II provisions in 2003. I will be bringing forward proposals in relation to any additional public authorities under Chapter II Part I of RIPA following detailed public consultation. We are still in consultation with the communications service providers on the production of a voluntary code of practice to cover the retention of communications data by them under the Anti-terrorism Crime and Security Act 2001, and have noted the statement by the Data Protection Commissioners with regard to proposals on data retention.

Secondary information

Type

Written question

Reference

74584; 390 c743-4W;390 c745-6W

Session

2001-02

Subjects

Access Disclosure of information Data protection Codes of practice Telecommunications Data Protection Commissioner

Link

View this Written question on www.publications.parliament.uk