Draft Investigatory Powers Bill

Steve McCabe Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

My hon. Friend has quoted Lord Carlile, who, as she said, is a former independent reviewer of terrorism legislation. It will, of course, be necessary for any judicial commissioners who undertake the warrantry to be aware of the context in which they make decisions in relation to national security in particular. There have been a great many meetings with internet service providers from both the United Kingdom and overseas. The Security Minister and I have held round tables with United States internet service providers, and I met some when I was in the United States in September. We have also held round tables with United Kingdom providers, civil liberties groups, and charities representing victims of these serious crimes.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I welcome the tone and nature of the statement, but may I ask the Home Secretary what in particular led her to decide that 12 months was the right maximum period for the police and security agencies to benefit from data retention?

[Mrs May]

It is the period that is currently in legislation that we reinforced in the Data Retention and Investigatory Powers Act 2014. We looked at it again following the Digital Rights Ireland decision by the European Court of Justice. It had previously been possible to hold data for up to 24 months, but we felt that, given the need for a balance between not holding data for too long and holding data for a sufficient period to do the job required by the authorities, up to 12 months was the right and appropriate time frame.