Government rethinks data policy

Home Secretary David Blunkett is planning emergency legislation which may force Internet service providers (ISPs) to keep email and traffic data for use in criminal inquiries.

The UK has resisted introducing data retention laws but the US terrorist attacks have forced a rethink.

A Home Office spokeswoman confirmed the policy was now under review but would not say whether it would be forced or voluntary.

'We are considering the policy on data retention in the context of the emergency legislation on the back of the attacks in the US.'

In December last year, the National Criminal Intelligence Service (NCIS) called for ISPs to record and store details of all telephone, e-mail and Internet traffic for seven years to help crime detection.

The idea contradicted European policy on data protection and was met with scepticism by the industry.

Talke with bodies like the Internet Service Provider Association (ISPA) and the London Internet Exchange (LINX) have taken place since the attacks but there are still significant stumbling blocks.

Roland Perry, director of public policy at LINX, said: 'We need to get more clarity from law enforcement agencies on what we could log, and we need to discuss how long to keep it and how much it will cost.'

Tim Snape, managing director at West Dorset Internet and UK ISPA member, says ISPs are generally supportive of voluntary procedures where traffic data is kept for 60-90 days.

But the industry will still resist any attempts to mandate storage of traffic data for any period, he says.

'It will not deliver the benefits that law enforcement agencies say it will. Any competent technician can bypass logging procedures.'

The European Commission is set to consider industry representation on the issue next month and observers believe it will allow individual governments to decide whether to allow an exemption to data protection laws to aid law enforcement.