CHAPTER 11: SERVICE PROVIDERS
11.38. A number of specific suggestions emerged from the special meeting of the
Communications Data Steering Group, where the companies and law enforcement and
worked together. These were:
(a)
Data that does not originate or terminate on the CSPs' network should be
considered “third party data”, not for the CSP to store and disclose.
(b)
Consideration should be given to limiting disclosure of retained
communications data in civil cases where that goes beyond the purposes for
which the data had been retained.
(c)
Legislation should require continued consultation between law enforcement
and CSPs, so as to ensure that law enforcement can obtain the necessary
information by the most effective means, without dictating the precise methods
to be used by CSPs to produce it.
(d)
Communications data should be redefined to include user data on the one hand
and use data on the other, to create a simple and transparent division between
the person who is accessing the internet or making a communication and the
usage data which is inherently more private and would detail and individuals’
activities.
(e)
Content should be defined, so as to ensure there is no ambiguity over their
obligations to produce material, particularly when stored in the cloud.
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