International Chamber of Commerce acts against data retention

Traffic data include the time and duration of phone calls, the numbers dialled, e-mail addresses, the location of mobile phones and web site logs. The actual contents of communications are not part of the traffic data.

According to the ICC, differing national policies on the retention of communications traffic data will create disadvantages for communications providers operating in countries with stricter requirements, and an "impossible compliance burden" for those with operations in many different jurisdictions.

In its statement, the ICC also urges lawmakers and governments not to define traffic data too broadly so as to include any data related to a communication. That, said the ICC, would increase the cost and technical capability burden on telcos, create uncertainty as to their legal obligations, and also damage public confidence in the privacy of electronic communications.

The ICC recommends in its statement that governments should favour targeted data preservation over data retention regimes. Data preservation, in contrast with data retention, involves the storage or "freezing" of a limited set of data following a specific government request.

Such preservation is only for a brief period of time, during which an order for disclosure of the data to law enforcement agencies can be obtained.

The ICC concludes: "Any traffic data storage requirements imposed by governments should be focused, narrow, publicly funded, limited to the measures absolutely necessary to protect society, and balance the interests of government, business and users."

The ICC's policy statement is available as a 6-page PDF from:
www.iccwbo.org/home/news_archives/2002/stories/trafficdata.pdf