Mandatory Data Retention Law in the United States is not implemented. But according to the law Stored Communications Act (SCA) enforced as a part of the Communications Privacy Act in 1986, the government could access the retained data if a telecom provider or remote computing services collect a user’s communication data.
The SCA law supports Mandatory Data Retention by directing internet providers to retain a user’s data for about 180 days if the government asks to do so.
The type of internet service a company provides to its customers, the kind of data, the retained communication information, and the time duration for which the data has been kept are the variables that determine the possibility of gaining data access by government officials from internet providers.
SCA also says that the providers could reveal the data to the government at a time of necessity, i.e., if a crisis occurs and a delay in data revelation can cause danger to the life of a pern. However, a court order is required for the forced access to communication d ta. Yet, an administrative writ is necessary for the compelled access to the data such as user/subscriber name, address, telephone number, and phone calls and communications records, which the Court does not issue.
