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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My question relates to the proposed new legislation on the

Resolved Question:

My question relates to the proposed new legislation on the investigatory powers bill introduced to Parliament on the 4th November by Teresa May. One item I require clarification of is the requirement of ISP providers to hold individuals internet browsing data for one year. Does this mean that if the new legislation is passed in 2016 the browsing information will be for the previous 12 months or are the browsing records fro the following 12 momths after the launch of the legislation
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Please can you explain your situation in more detail?
Customer: replied 1 year ago.
The introduction information contained in the first draft of the bill requested that ISP providers to retain one years internet browsing activity so that the authorities such as the police could access this information if and when they want to. My question is what ever the date that the legislation comes into force would the browsing information be that information from the previous year or from the start date of the legislation.
Expert:  Jenny replied 1 year ago.
Hello please bear with me I am just reading the wording of the proposed bill. Are you an ISP provider?
Customer: replied 1 year ago.
No
Expert:  Jenny replied 1 year ago.
Ok no problem, may I ask what your interest is in this?
Customer: replied 1 year ago.
Having read some of the follow up comments on the internet I was concerned that access to my individual personal information such as bank information etc would be available
Expert:  Jenny replied 1 year ago.
Hi I can understand this concern as an individual these moves certainly do make us feel as though big brother is watching. The draft bill is complex but it appears that it is could be retrospective. At some point after the bill becomes law ISP providers will be given a Data Retention notice asking them to retain data. The notice will specify the date from which the retention is necessary. The bill states that where the data is already in existence the retention is 12 months from the date it was created. If your concern is that personal data could be inappropriately used measures are in place to prevent ISP users from misusing this requirement. The data is only to be viewed in limited circumstances.
Customer: replied 1 year ago.
Is it possible to find out if the ISP provider does have retained data that I am not aware of
Expert:  Jenny replied 1 year ago.
The only possible request you could make would be a subject access request under the Data Protection Act. https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/The link provided is to the Information Commissioner Office and is details of how to make a request. I am not sure that this is going to assist you greatly because, ISP providers will at most have a list of isp addresses visited and this may not be deemed to be sensitive personal data (a requirement for a subject access request (SAR). You can certainly ask the question though. If you have any further questions please do ask. I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Just one last question then I will rate your answers. Your previous answer before the one you have just given to me. You mention that the data would only be viewed in limited circumstances. What are those limited circumstances ?
Expert:  Jenny replied 1 year ago.
Well it would be only on the request of an authority and for the purpose set out in the Ethos of the bill which is the prevention of crime and terrorism. Whilst records are being retained individual freedoms should not be put at an increased risk by this development.
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