Telecommunications definitions

Part of Investigatory Powers Bill – in a Public Bill Committee am 7:00 pm ar 3 Mai 2016.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Joanna Cherry Joanna Cherry Shadow SNP Westminster Group Leader (Justice and Home Affairs) 7:00, 3 Mai 2016

I beg to move amendment 869, in clause 223, page 172, line 41, leave out sub-paragraph (i) and insert—

‘(i) is about an entity to which a telecommunications service is provided by that telecommunications operator and relates to the provision of that service,”

This amendment clarifies the definition of communications data, limiting requirements on organisations to be providing data about the services that they supply.

It is a pleasure to welcome you back to the Chair, Mr Owen. This is an amendment to the interpretation clause dealing with telecommunications definitions, in particular subsection (5), which deals with the definition of communications data. The amendment would replace subsection (5)(a)(i) with the purpose of clarifying that the definition of communications data applies to the providers of the relevant telecommunications services, rather than allowing an organisation to be required to provide data about services it does not provide. Without the amendment, the definition of communications data is flawed because it does not tie the data to the provider of the telecommunications service and therefore seems set to encompass third-party data, which I know the Home Office denies is the intent.

The amendment would make two small changes. First, it specifies that the telecommunications service has to be provided by that telecommunications operator—in other words, it avoids pulling in third-party data. Secondly, it specifies that the data relate to the particular service provided and not to a different one. I will be interested to hear what the Solicitor General has to say about this amendment, which seeks to clarify and tighten up the clause.