Do the proposals require that ISPs retain all data about their subscribers for a certain period of time?
No. Unlike several European countries, the Canadian federal government has not proposed broad-based, mandatory “data retention” scheme. Instead, the government has proposed that Law Enforcement Agencies be able to obtain a “Preservation Order” requiring telecommunications service providers to preserve already existing data about a specific individual for up to 90 days. During this 90-day period, the LEA could apply to a court to force the service provider to produce the ‘preserved’ information. Data subject to a Preservation Order would not be accessible to the police unless and until they obtained a subsequent Production Order or search warrant.
Related Questions
- RESPA and HUD‘s RESPA regulations require that certain records be retained for a period of time. Can those records be retained electronically?
- Do the proposals require that ISPs retain all data about their subscribers for a certain period of time?
- Do impact fee revenues have to be spent within a certain period of time?