Telecom records
Hirendra Pandey
(Querist) 23 September 2011
This query is : Resolved
What is the minimum and maximum period for which Telecom service providers are required to maintain the records of Mobile calls? Under which Notification/ Rule/ Act this policy is governed?
Sailesh Kumar Shah
(Expert) 23 September 2011
Some day before, two experts given two different opinion, one say 90/180 days and other says 7 years.
I still wants to know, what is exact.
Sailesh Kumar Shah
(Expert) 23 September 2011
Arunagiri Sir,
Please tell me what is the related provisions about ?
Hirendra Pandey
(Querist) 23 September 2011
Arunagiri, Sir, u would have got it after 2 years, correct, but was it because there was some earlier application pending or any court order issued much prior?
People relate it to 7 years because of the latest news report about Godhara records destruction, but again that was kept in safe due to some proceedings, I think.
The web site of DOT or TRAI doesnt have any information about this. Who would be a better person to tell?
Guest
(Expert) 24 September 2011
The preservation period of telecom records is neither 90 days, nor 7 years. In fact availability of record depends if the telco has not destroyed its record after the prescribed period of preservation.
Otherwise, as per latest news, dated 28th February, 2011, of Times of India (TOI) currently, all telephone records including call and text message details are stored by mobile phone companies for six months only. So, they can refuse to provide on that pretext unless forced by a Court or intelligence agencies.
However, according to the said report of the Times of India, Intelligence agencies want the telecom department to issue new rules making it mandatory for all mobile phone companies and internet service providers to retain their customers' online data for a minimum period of 12 months, raising privacy concerns.
Regarding internet, as per the same report of TOI, the home ministry has asked the Department of Telecom (DoT) to ensure that both mobile operators as well as Internet Service Providers (ISPs) store all details of email communications.
Hirendra Pandey
(Querist) 24 September 2011
Thank u Dhingra Sir, but, the query is still unanswered because there is no mention of the rule under which these provisions are made. If there is no statutory provision for preservation of records, from where they would provide the details even if forced by Courts or intelligence agencies?
Guest
(Expert) 24 September 2011
Dear Hirendra,
In fact, copy of any statutory provision for preservation of records is not available, as the general terms are stipulated in the individual License of the companies and varies for different records. As per the information published on 26.08.2010 by Press Information Bureau on the basis of information given by the Minister of State for Communications and Information Technology, Shri Sachin Pilot in a written reply to a Question in Rajya Sabha, the following preservation period of some of the records stands fixed:
(1) Three years for billing and all other accounting records;
(2) One year for commercial records; and
(3) 90 days for IPTV service.
A copy of the PIB notification is attached herewith for your reference please.
It is not understood on what basis the Times of India reported the records retention period as 6 months. Evidently, that would be only about details of the calls, e.g. called Numbers and duration etc.
Hope this information would serve your purpose.
Hirendra Pandey
(Querist) 25 September 2011
Sir, thank u so much. My question is answered and I am so very thankful to u to have taken time out of ur busy schedule to answer my query.
Hirendra Pandey
(Querist) 25 September 2011
Thanks to all experts for their invaluable help.
Guest
(Expert) 25 September 2011
You are welcome dear Hirendra.
Hirendra Pandey
(Querist) 26 September 2011
Love u Dhingra Sir, for all the pain and trouble u took to search for the answer.
Guest
(Expert) 29 September 2011
Thanks for expressing your affection towards me, dear Hirendra.
