Data Retention and Investigatory Powers Bill

Richard Graham Excerpts

Tuesday 15th July 2014 Commons Chamber

[Mrs May]

My right hon. Friend is absolutely right. People often argue, “Actually, all you need to do is retain data from the point when you’ve identified a suspect or that a crime has taken place,” but when somebody has been murdered, for example, it may be necessary to go back and identify calls between the victim and a number of people. That is why it is important to be able to retain data from the past, but that is for a limited period. Previously, under the regulations that were agreed by this House, 12 months was the set period for retention. One issue that the European Court of Justice raised was that there should not just be one period of retention for all types of data. We are addressing that by making it a maximum period of retention, so it would be possible in any notice to a communications service provider to say that a particular type of data is required to be retained for a period of less than 12 months. We are, therefore, introducing the flexibility that the ECJ required.

[Richard Graham (Gloucester) (Con)]

Will my right hon. Friend confirm that the same point she has been discussing about the retention of data in criminal and terrorist investigations will be equally valid in the police’s pursuit of child abusers and paedophiles? In a month when this issue has been so important to so many of our constituents, will she confirm that the legislation will be a critical tool in the police’s battle against child abusers and give us an idea of the implications of our not passing it?

[Mrs May]

My hon. Friend is absolutely right and the use of communications data is often absolutely vital in tracking and identifying that group of criminals. Without this use of communications data we would not be able to do that, and I fear that child abusers would go free as a result. The director general of the National Crime Agency has already made it clear that capability is being lost in this area. From memory, I think that almost 50% of communications data used in child abuse cases are more than six months old, hence the need to be able to retain data for up to 12 months.