Just Because You're Paranoid, Doesn't Mean They're Not After You: Legislative Developments in Relation to the Retention of Communications Data

In the wake of the terrorist attacks in New York, Madrid and London the mandatory retention of communication data by communications service providers has become a contentious issue between the governments of nation states and the communications industry and civil rights campaigners. While the former claim that such retention is necessary for the purpose of national security and the detection and investigation of crime, the latter argue that data retention represents an attack on the rights and freedoms of individuals without evidence that measures will indeed increase the security of citizens. This paper explores the legislative developments, which have taken place in the UK and the European Union in recent years, focusing in particular on the draft Directive on data retention which was adopted in February 2006.