Are UK Mobile companies obligated to keep text messages?

[Zzzmaillists]

Are UK companies (specifically a Mobile Provider like O2, Voda) required to keep SMS/Texts for a period of time? I've looked on the IC website but can't find the detail.

I am requesting texts as part of a SAR / data protection request and been told the mobile provider doesn't keep them so any policy i can use to show them thats incorrect would be welcomed.. thanks in advance

[Guest]

formal data retention (including texts) is usually 'at best' 12 mths.

see for eg the Data Retention (ec directive) Regs 2009, and the Data Retention and Investigatory Powers Act 2014

[Zzzmaillists]

thankyou .... is that 12months compulsory? ive been told they have nothing at all...

[Guest]

thankyou .... is that 12months compulsory?....

 

 

it wasn't prior to those regs i dont think (but double check). but now is if requested so by the govt (which i presume they've requested every provider to do so given current affairs).

some providers though may keep things anyway by their own accord.

[Guest]

on a lighter note, cld try the nsa, or gchq

eg http://www.theregister.co.uk/2014/01/16/snowden_leak_shows_nsa_collects_tiny_fraction_of_sms_messages/

[Zzzmaillists]

its scary, not sure how i feel about it, but if you have nothing to hide .... it will always be a contentious thing i guess.

 

thanks for your help, i guess i am SOOL (let you work out the acronym!) in terms of getting what i need then...

[Guest]

worked it out.

 

when were the texts that you want, prior to those regs/act?

[Zzzmaillists]

within last 12 months would have been fine, they say they don't keep any, which i find hard to beleive

[Guest]

cld try check then whether they have ever been formally requested to keep such data for 12 mths.

and also, if so, check whether it wld be subject to a dsar (the ico shld be able to answer that on the phone/email)

[Zzzmaillists]

yeah, i think i will do that in the morning, thanks for your help and advice