Anti-terrorism laws and data retention: war is over?

Abstract

The Anti-terrorism, Crime and Security Act 2001 signals a determined response to the attacks of September 11th. One aspect involves the facilitation of the use of electronic surveillance in order to prevent, detect or prosecute the perpetrators of terrorism. The role of Part XI of the 2001 Act is to augment existing surveillance powers in the Regulation of Investigatory Powers Act 2000. This paper plots the relationships between those two statutes and also their relationship to data protection laws. Delays and difficulties in enforcement are noted and are related to a process of return to greater normality after an initial period of panic.