Mandatory communications data retention lives on in the UK - or does it?: "The Act does four main things.
It substantively re-enacts the mandatory data retention provisions of the 2009 Data Retention Regulations. Those were based on the EU Data Retention Directive, which the CJEU invalidated on 8 April 2014.
It introduces new regimes for subjecting providers located outside the UK to maintenance of interception capability notices, interception warrants and communications data acquisition notices.
It also provides that obligations imposed by such warrants and notices can apply to conduct within and outside the UK. The government maintains that this is no more than a clarification of the pre-existing position.
It supplements the definition of 'telecommunications services' in the Regulation of Investigatory Powers Act 2000 (RIPA). This potentially affects which services can be the subject of maintenance of interception capability notices, interception warrants and communications data acquisition notices. The government has stoutly maintained, to a chorus of scepticism, that the additional text does not broaden the pre-existing definition but merely clarifies it.
It may affect which providers can be made subject to the mandatory data retention obligations. The 2009 Regulations used the Communications Act 2003 definitions, based on those in the EU Framework Directive. The new legislation replaces these with RIPA definitions, including the newly supplemented definition of 'telecommunications services'." 'via Blog this'