---

Data Retention (EC Directive) Regulations 2009

My Lords, it is significant that there is no dispute among us that there is a proper place for the retention of relevant data for the serious investigation of crime and the prevention of terrorism. The difficulty is that that is not dealt with as a separate area, but potentially spreads into many other areas as well. We have to recognise that the well publicised loss of data by the Ministry of Defence, the Driver and Vehicle Licensing Authority and Her Majesty's Revenue and Customs has created a difficult background for general permissions for access to data. Therefore, there is a strong case for the whole issue of access to data to be enshrined in primary legislation and quite possibly that the use by the police and security forces should be dealt with as a separate issue from wider questions. The difficulty is that we are trying to deal with them all in the same set of propositions, potentially. It would be good to have a commitment from the Minister to revisit the promise of primary legislation that was given in May 2008, although no Bill was announced in the Queen’s Speech. The regulations may have to be approved today for legal reasons, as has been explained, but there should be a commitment to primary legislation in the whole sphere and to the potential separation of the serious crime and terrorism aspects from other aspects.