Data Retention and Investigatory Powers Act

The Data Retention and Investigatory Powers Act , or DRIP for short , also known as the Data Retention and Investigatory Powers Bill during the parliamentary debate , is a British data retention law . It was drafted as an emergency law so that it could be passed within a few days.

When data retention was introduced at the level of the European Union in 2006 through Directive 2006/24 / EC on data retention , the directive was implemented directly into national law in Great Britain in 2007 without a separate law having been passed. Directly on the basis of this guideline, the Data Retention (EC Directive) Regulations were adopted , which specifically implement data retention nationally. Such regulations are roughly comparable to ordinances . When the directive was declared invalid by the ECJ in April 2014 , Great Britain no longer had a legal basis for data retention.

The bill for the Data Retention and Investigatory Powers Act was then submitted to the House of Commons on July 14, 2014 and passed on the following day. On July 16, 2014 the draft was submitted to the House of Lords and approved on July 17. The Data Retention and Investigatory Powers Bill was given a Royal Assent on the same day and thus became law.

During the debate, Secretary of State Theresa May stated that this law would only uphold the status quo . David Cameron also defended the draft law by saying that the regulation was needed to protect oneself from child molesters and terrorists. However, the draft was criticized by well-known politicians in the House of Lords. Then asked Lord Butler why the law with Yahoo and Microsoft was discussed as long as the government does not consider it necessary to discuss it in Parliament for some time.

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The first part of the law deals entirely with data retention. The Secretary of State can request telecommunications companies to save the connection data. The storage may, however, last a maximum of 12 months, although this can be specified by the Secretary of State for different data types.

The third and fourth parts of the law specify the Regulation of Investigatory Powers Act (RIPA for short). Accordingly, industrial espionage should only be carried out in compliance with national security. Foreign internet service providers who provide services for the UK can be required to store data about their customers.

Compatibility with EU law

The law does not specify exactly what data must be stored. Communication between a doctor and his patient or a lawyer and his client would not be specifically excluded. In addition, a very broad definition is chosen in the law or in the RIPA for which crimes the data retention can be used to clarify the offense. In the judgment, however, the limit was set very narrowly, so that data can only be used for serious and organized crime and terrorism.

Web links

Data Retention and Investigatory Powers Act 2014 at www.legislation.gov.uk

Individual evidence

↑ Data Retention Laws: What they mean for communication service providers. (No longer available online.) In: Out-Law.com. Pinsent Masons, November 2012, archived from the original on January 21, 2015 ; accessed on July 20, 2014 .
^ Bill stages - Data Retention and Investigatory Powers Act 2014. Retrieved July 20, 2014 .
^ Rene Millman: Data Retention and Investigatory Powers Act passed: Two more years of ISPs hoarding your data. In: recombu. July 16, 2014, accessed July 20, 2014 .
↑ Patrick Beuth: British expand surveillance by emergency law. New intelligence powers and data retention in one go: The British government is whipping a law through parliament that civil rights activists consider dangerous. In: Zeit Online. Zeit Online GmbH, July 15, 2014, accessed on July 20, 2014 .
^ Alan Travis: Lords criticize rush to hurry emergency surveillance bill into law. Parliament bounced by legislation ministers says ex-head of civil service, while UN human rights chief joins in condemnation. In: The Guardian. July 16, 2014, accessed July 20, 2014 .
^ John Salmon, Luke Scanlon: Emergency data retention law could fail same tests as the existing law. In: Out-Law.com. Pinsent Masons, July 15, 2014, accessed July 20, 2014 .

[1] Data Retention Laws: What they mean for communication service providers. (No longer available online.) In: Out-Law.com. Pinsent Masons, November 2012, archived from the original on January 21, 2015 ; accessed on July 20, 2014 .

[2] Bill stages - Data Retention and Investigatory Powers Act 2014. Retrieved July 20, 2014 .

[3] Rene Millman: Data Retention and Investigatory Powers Act passed: Two more years of ISPs hoarding your data. In: recombu. July 16, 2014, accessed July 20, 2014 .

[Zeit-15-4] Patrick Beuth: British expand surveillance by emergency law. New intelligence powers and data retention in one go: The British government is whipping a law through parliament that civil rights activists consider dangerous. In: Zeit Online. Zeit Online GmbH, July 15, 2014, accessed on July 20, 2014 .

[5] Alan Travis: Lords criticize rush to hurry emergency surveillance bill into law. Parliament bounced by legislation ministers says ex-head of civil service, while UN human rights chief joins in condemnation. In: The Guardian. July 16, 2014, accessed July 20, 2014 .

[6] John Salmon, Luke Scanlon: Emergency data retention law could fail same tests as the existing law. In: Out-Law.com. Pinsent Masons, July 15, 2014, accessed July 20, 2014 .