Overview Retention of communications data
28.Part 11 contains provisions facilitating the retention by communications providers of data about their customers’ communications for national security purposes so that they can be accessed by the security, intelligence and law enforcement agencies by means of a statutory code of practice to be drawn up in consultation with industry and the Information Commissioner and approved by Parliament by affirmative resolution procedure.
29.The Act ensures that data which communications service providers would otherwise be obliged to erase when it is no longer needed for billing purposes may be retained if it is necessary to safeguard national security or to prevent, detect or prosecute crimes related to national security.
30.The Regulation of Investigatory Powers Act 2000 (Part 1, Chapter 2) sets out limits on the purposes for which the security, intelligence and law enforcement agencies may request access to data relating to specific communications. These provisions complement the 2000 Act by clarifying the lawful basis for the retention of data by communications service providers. They do not affect the access framework and safeguards set out in RIPA.
31.There is also a reserve power to review the voluntary arrangements under the code of practice and issue directions if necessary. If still needed, it must be renewed by an affirmative order every two years, unless the power is exercised.