4.—(1) Subject to paragraphs (4) and (5), the data specified in regulation 5 must be retained to the extent that those data are generated or processed by a public communications provider in the process of supplying the communications services concerned.
(2) The data specified in regulation 5 are to be retained by the public communications provider for a period of 12 months from the date of the communication.
(3) The duty to retain data under paragraph (1) includes the retention of the data specified in regulation 5 relating to an unsuccessful call attempt where those data are generated or processed, and stored, in the United Kingdom by a public communications provider in the process of supplying the communication services concerned.
(4) These Regulations do not require data relating to unconnected calls to be retained.
(5) These Regulations do not require data derived from Internet access, Internet e-mail or Internet telephony to be retained.