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The Data Retention (EC Directive) Regulations 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Data Retention (EC Directive) Regulations 2009 No. 859

Obligation to retain communications data

This sectionnoteType=Explanatory Memorandum has no associated

4.  (1)  It is the duty of a public communications provider to retain the communications data specified in the following provisions of the Schedule to these Regulations—

(a)Part 1 (fixed network telephony);

(b)Part 2 (mobile telephony);

(c)Part 3 (internet access, internet e-mail or internet telephony).

(2) The obligation extends to data relating to unsuccessful call attempts that—

(a)in the case of telephony data, are stored in the United Kingdom, or

(b)in the case of internet data, are logged in the United Kingdom.

(3) An “unsuccessful call attempt” means a communication where a telephone call has been successfully connected but not answered or there has been a network management intervention.

(4) The obligation does not extend to unconnected calls.

(5) No data revealing the content of a communication is to be retained in pursuance of these Regulations.

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