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ICO objects to government data retention plans

by Dave Neal

26 Oct 2010

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The government's plans to store UK citizens' emails and internet history have been criticised by the Information Commissioner as going too far.

The Strategic Defence and Security Review, published last week, includes plans to force ISPs, and potentially all companies, to store email and internet data for at least one year.

However, the Information Commissioner's Office (ICO) is less sure of the need of the new rules, and has suggested that the precautions have over-stated the risk and potential benefits.

"The Commissioner [Christopher Graham's] view on the proposed interception modernisation programme remains as set out in his consultation response," said the ICO in a statement.

"His key concern is whether the case has been made for the project. On the face of it, the proposal seems disproportionate when any perceived benefits that might be gained from retaining this data are set against the risks to privacy."

Downing Street said that such a move is necessary for UK security, and will "preserve the ability of the security, intelligence and law enforcement agencies to obtain communication data and to intercept communications". The review explained that such information could be used as evidence in court when the government is looking to prosecute those engaged in crimes such as terrorism.

"Communications data provides evidence in court to secure convictions of those engaged in activities that cause serious harm," noted the review.

"It has played a role in every major Security Service counterterrorism operation, and in 95 per cent of all serious organised crime investigations."

The ICO first raised concerns about the government's plans in a response to a consultation by the Home Office in July, and will meet with ministers to discuss whether any changes to the plans are necessary.

"The Information Commissioner looks forward to meeting with officials at the Home Office to establish whether or not his concerns have been addressed," the ICO added.

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