Tuesday, 28 February 2017

UK forced to derail Snoopers’ Charter blanket data slurp after EU ruling | Ars Technica UK

UK forced to derail Snoopers’ Charter blanket data slurp after EU ruling | Ars Technica UK: ""The European Court of Justice handed down a judgment relating to the UK’s communications data regime in December. The matter must now be considered by the domestic courts and the consultation on the communications data code of practice has been deferred until this has taken place," a spokesperson confirmed to Ars on Friday.

 A public consultation on the various draft codes of practice required to accompany the Investigatory Powers Act, colloquially known as the Snoopers' Charter, were published with a glaring omission: the blueprint for the home office's communications data code wasn't among the cache of documents released by Whitehall officials.

 Draft codes released back in March last year when the legislation was being scrutinised in parliament have now been "superseded" by those published on Thursday as part of a six-week-long public consultation, the home office said.

However, it was initially silent on why the communications data code had altogether disappeared from view. The missing-in-action draft statutory code should provide detailed guidance to government agencies and ISPs and other comms providers (collectively referred to as CSPs) "on the procedures to be followed when acquisition of communications data takes place," under the provisions laid out in the Investigatory Powers Act 2016.

Ars understands that so-called Internet Connection Records are yet to be captured by CSPs as required under the new law. It seemed clear that the home office had mothballed implementation of those provisions, following the recent ruling from the Court of Justice of the European Union on the "general and indiscriminate" retention of citizens' communications data." 'via Blog this'

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