Judgment Approved by the court for handing down.
Davis & Ors v SSHD
address, or other identifier, belongs to the sender or recipient of a communication.
That section came into force on 13 April 2015.
The Data Retention Regulations 2014
52.
The Secretary of State made Regulations on 30 July 2014, following affirmative
resolutions of both Houses, in exercise of the powers contained in s.1 of DRIPA.
53.
Regulation 4 makes provision in respect of retention notices as follows:
“4.— Retention notices
(1) A retention notice must specify—
(a) the public telecommunications operator (or description
of operators) to whom it relates,
(b) the relevant communications data which is to be
retained,
(c) the period or periods for which the data is to be retained,
(d) any other requirements, or any restrictions, in relation to
the retention of the data.
(2) A retention notice must not require any data to be retained
for more than 12 months beginning with—
(a) in the case of traffic data or service use data, the day of
the communication concerned, and
(b) in the case of subscriber data, the day on which the
person concerned leaves the telecommunications service
concerned or (if earlier) the day on which the data is
changed.
(3) A retention notice which relates to data already in existence
when the notice comes into force imposes a requirement to
retain the data for only so much of a period of retention as
occurs on or after the coming into force of the notice.
(4) A retention notice comes into force when the notice is given
to the operator (or description of operators) concerned or (if
later) at the time or times specified for this purpose in the
notice.
(5) A retention notice is given to an operator (or description of
operators) by giving or publishing it in such manner as the
Secretary of State considers appropriate for bringing it to the
attention of the operator (or description of operators) to whom
it relates.”