Data Retention and Investigatory Powers Bill

Part of Bills Presented – in the House of Commons at 1:51 pm on 15 July 2014.

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Photo of Theresa May Theresa May The Secretary of State for the Home Department 1:51, 15 July 2014

The European Court of Justice did not say that a 12-month retention period was unlawful. It said that it recognised the need for access to and retention of the data, and it questioned the periods that were set aside. In fact, the data retention directive said that data could be retained for up to 24 months—we had previously used 12 months, rather than 24—but one of the issues was that it was said that requiring the retention of every type of data for the same period of time was not right and proportionate, and that it was necessary to be able to differentiate. We are introducing that differentiation by setting our data retention period at a maximum of 12 months, so that notices issued to CSPs for certain types of data can, if it is felt to be right, ask for retention to be for a shorter period.

As I have said, communications data are used in 95% of serious and organised crime investigations handled by the Crown Prosecution Service and have played a significant role in every Security Service counter-terrorism operation over the last decade. Clauses 1 and 2 will ensure that we can maintain the status quo by replicating our existing data retention regulations. As I have indicated, the Bill gives the Secretary of State the power to issue a notice to a communications service provider only if he or she considers the retention to be necessary and proportionate. As I said in response to my hon. Friend Mr Turner and other hon. Members, the data retention notice will specify the duration for which data are to be retained, for up to a maximum of 12 months. If it is not proportionate to retain certain data for a full 12 months, a shorter period can be chosen. The data types that can be retained will be limited to the strict list of data types that are currently specified in the 2009 data retention regulations, and there will be a clear requirement for the Secretary of State to keep any data retention notice under review.