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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

Regulation 4

SCHEDULECOMMUNICATIONS DATA TO BE RETAINED

PART 1FIXED NETWORK TELEPHONY

Data necessary to trace and identify the source of a communication

1.  (1)  The calling telephone number.

(2) The name and address of the subscriber or registered user of any such telephone.

Data necessary to identify the destination of a communication

2.  (1)  The telephone number dialled and, in cases involving supplementary services such as call forwarding or call transfer, any telephone number to which the call is forwarded or transferred.

(2) The name and address of the subscriber or registered user of any such telephone.

Data necessary to identify the date, time and duration of a communication

3.  The date and time of the start and end of the call.

Data necessary to identify the type of communication

4.  The telephone service used.

PART 2MOBILE TELEPHONY

Data necessary to trace and identify the source of a communication

5.  (1)  The calling telephone number.

(2) The name and address of the subscriber or registered user of any such telephone.

Data necessary to identify the destination of a communication

6.  (1)  The telephone number dialled and, in cases involving supplementary services such as call forwarding or call transfer, any telephone number to which the call is forwarded or transferred.

(2) The name and address of the subscriber or registered user of any such telephone.

Data necessary to identify the date, time and duration of a communication

7.  The date and time of the start and end of the call.

Data necessary to identify the type of communication

8.  The telephone service used.

Data necessary to identify users’ communication equipment (or what purports to be their equipment)

9.  (1)  The International Mobile Subscriber Identity (IMSI) and the International Mobile Equipment Identity (IMEI) of the telephone from which a telephone call is made.

(2) The IMSI and the IMEI of the telephone dialled.

(3) In the case of pre-paid anonymous services, the date and time of the initial activation of the service and the cell ID from which the service was activated.

Data necessary to identify the location of mobile communication equipment

10.  (1)  The cell ID at the start of the communication.

(2) Data identifying the geographic location of cells by reference to their cell ID.

PART 3INTERNET ACCESS, INTERNET E-MAIL OR INTERNET TELEPHONY

Data necessary to trace and identify the source of a communication

11.  (1)  The user ID allocated.

(2) The user ID and telephone number allocated to the communication entering the public telephone network.

(3) The name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication.

Data necessary to identify the destination of a communication

12.  (1)  In the case of internet telephony, the user ID or telephone number of the intended recipient of the call.

(2) In the case of internet e-mail or internet telephony, the name and address of the subscriber or registered user and the user ID of the intended recipient of the communication.

Data necessary to identify the date, time and duration of a communication

13.  (1)  In the case of internet access—

(a)The date and time of the log-in to and log-off from the internet access service, based on a specified time zone,

(b)The IP address, whether dynamic or static, allocated by the internet access service provider to the communication, and

(c)The user ID of the subscriber or registered user of the internet access service.

(2) In the case of internet e-mail or internet telephony, the date and time of the log-in to and log-off from the internet e-mail or internet telephony service, based on a specified time zone.

Data necessary to identify the type of communication

14.  In the case of internet e-mail or internet telephony, the internet service used.

Data necessary to identify users’ communication equipment (or what purports to be their equipment)

15.  (1)  In the case of dial-up access, the calling telephone number.

(2) In any other case, the digital subscriber line (DSL) or other end point of the originator of the communication.

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