Data Retention Directive

This article provides a brief explanation of the key provisions of the Data Retention Directive 2006/24/EC (the "Directive"¹) and examines the proposed transposition of the Directive into UK law by way of the draft Data Retention (EC Directive) Regulations 2007. The draft Regulations are expected to replace the existing Voluntary Code of Practice for the Retention of Communications Data under Part 11 of the Anti-Terrorism, Crime and Security Act 2001.

The Directive came into force on 3 May 2006. Member States have until 15 September this year to implement the Directive, save that Member States may postpone application of the Directive to "the retention of communication data relating to Internet Access, Internet telephony and Internet e-mail" for up to 18 months (ie until 15 March 2009). [Art 15.3]