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Communications Data Consultation

On April 27 the Home Office published a consultation, "Protecting the Public in a Changing Communications Environment", which set out the importance of communications data in helping to protect and safeguard the public; how the rapidly changing communications environment means the existing capability of the police, the security and intelligence agencies and other public authorities is declining and why change is necessary. Today I am publishing the Summary and Responses submitted as part of this consultation exercise. Communications data are information about a communication but do not include the content of a communication. Used in the right way, and subject to important safeguards to protect individuals' right to privacy, communications data can play a critical role in keeping all of us safe. It enables investigators to identify suspects and their associates; provides vital clues in solving life-threatening situations such as kidnaps, and evidence supporting alibis and prosecutions; supports lawful interception of communications; and assists the emergency services to help or locate vulnerable people. It is also critical to safeguarding our national security, and in particular to countering the terrorist threat. The consultation paper sought views on options for maintaining our vital communications data capabilities to protect the public against a background of rapid technological change. It rejected options for both a single database holding all communications data and a "do nothing" option. Instead it proposed a "middle way" approach involving two main elements for which new legislation would be required. These elements were:"i) provisions to impose obligations on CSPs relating to the collection and retention of specified communications data which cross their networks (including third party and other data which are not currently retained for business purposes or under existing legislation); and""ii) provisions to impose obligations on CSPs to organise the communications data they retain in a specified way enabling specific lawful requests for data by public authorities to be processed efficiently and effectively." The Home Office received 221 responses to the consultation exercise. As explained in the Summary and Responses, the Government's rejection of a central database for all communications data was welcomed. There was also recognition of the importance of communications data and agreement that the capability of communications data to protect the public should be maintained. As we develop the approach proposed in the consultation in the light of the responses received, we will continue to work closely with communications service providers in order to minimise as far as possible any impact on them. We will also ensure that any new proposals will include strong safeguards to minimise the potential for abuse and to ensure the security and integrity of the data. A copy of the Summary of Responses will be placed in the House Library.