2013/12/23 Bobby Brewster <[email protected]> > > How does the retention process work with non-ISPs? For example, > universities provide Internet access but they are not commercial ISPs > although individuals are identified with a username and password. The > British Library provides free internet access. So does Starbucks. I can > understand that coffee shops - even those that are part of massive chains > like Starbucks - are clearly not ISPs, but what about university networks > (to take one example). If data retention only applies to ISPs then it > strikes me that there are numerous ways to avoid it whether deliberately > (going to Cafe Nero to browse the web) or as part of one's normal work day > (using university network where you work or study). > > Some remarks I made ages ago might help:
http://www.francisdavey.co.uk/2009/04/data-retention-and-open-wifi.html You aren't required to retain data unless you are notified - and most public communications providers haven't been. It seems clear to me that the British Library and Starbucks are public communications providers (within the relevant definition). I don't think universities are, at least not in general, when giving student access, but I don't think the question has ever been tested. -- Francis Davey
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