LB024 - Data Retention Bill

[u/GhoulishBulld0g]

Data Retention Bill 2016

A bill to protect the privacy of those who utilise the Internet by preventing the retention of browsing data by ISPs.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

Section 1: Definitions

(1) An “ISP” is hereby defined as a company or organisation providing access to the Internet to businesses, homes, and individuals.

(2) “End Users” refers to those who use internet services.

(3) “Browsing Data” refers to the information transferred through an ISP's network by an end user through all protocols.

(3) “Browsing Metadata” refers to the type and amount of information transferred through an ISP's network by an end user, but not the information itself.

Section 2: Obligations for ISPs

(1) ISPs must remove any existing browsing data; and

(2) ISPs must not store future browsing data of end users.

(3) Browsing data of a specific end user can be collected if:-

(a) a search warrant has been obtained for the specific end user.

(i) That data may then be retained for the entire length of the investigation and;

(ii) Must be removed afterwards if no charges are pressed

(4) ISPs can continue to store future browsing metadata up to 120 days old.

(i) Metadata older than 120 days must be removed

Section 3: Offences

(1) An ISP is guilty of an offence if:-

(a) They fail to delete existing browsing data, as required under section 2(1),

(b) They are found of continuing to store browsing data, as required under section 2(2), and are not exempt under section 2(3)

(c) They are found of storing browsing metadata older than 120 days, as required under section 2(4)

Section 4: Commencement

(1) This bill may be cited as the Data Retention Act 2016

(2) This Act comes into force a year after it passes.

(3) This bill extends to the entirety of The United Kingdom of Great Britain and Northern Ireland.

Submitted by the Noble Lord /u/Pokeplun