(1) A collaboration agreement is an agreement (other than a police collaboration agreement) under which—
(a) a relevant public authority (“the supplying authority”) puts the services of ...designated senior officers of that authority or other officers of that authority at the disposal of another relevant public authority (“the subscribing authority”) for the purposes of the subscribing authority's functions under this Part, and
(b) either—
(i) a designated senior officer of the supplying authority is permitted to grant authorisations under section 61 or 61A to officers of the subscribing authority,
(ii) officers of the supplying authority are permitted to be granted authorisations under section 61 or 61A by a designated senior officer of the subscribing authority, or
(iii) officers of the supplying authority act as single points of contact for officers of the subscribing authority.
(2) The persons by whom, or to whom, authorisations may be granted (or who may act as single points of contact) under a collaboration agreement are additional to those persons by whom, or to whom, authorisations would otherwise be granted under this Part (or who could otherwise act as single points of contact).
(3) In a case falling within subsection (1)(b)(i)—
(a) section 61 has effect as if—
(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the subscribing authority, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority,
(b) section 61A has effect as if—
(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the subscribing authority, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the supplying authority, and
(c) this Part has effect as if the designated senior officer of the supplying authority had the power to grant an authorisation under section 61 or 61A to officers of the subscribing authority, and had other functions in relation to the authorisation, which were the same as (and subject to no greater or lesser restrictions than) the power and other functions which the designated senior officer of the subscribing authority who would otherwise have dealt with the authorisation would have had.
(4) In a case falling within subsection (1)(b)(ii)—
(a) section 61 has effect as if—
(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the supplying authority, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority, and
(b) section 61A has effect as if—
(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the supplying authority, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the subscribing authority.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In a case falling within subsection (1)(b)(iii), section 76(4)(b) has effect as if the references to the relevant public authority were references to the subscribing authority.
(6) In this section—
“force collaboration provision” has the meaning given by paragraph (a) of section 22A(2) of the Police Act 1996 but as if the reference in that paragraph to a police force included the National Crime Agency,
“police collaboration agreement” means a collaboration agreement under section 22A of the Police Act 1996 which contains force collaboration provision.
(1) A collaboration agreement may provide for payments to be made between parties to the agreement.
(2) A collaboration agreement—
(a) must be in writing,
(b) may be varied by a subsequent collaboration agreement, and
(c) may be brought to an end by agreement between the parties to it.
(3) A person who makes a collaboration agreement must—
(a) publish the agreement, or
(b) publish the fact that the agreement has been made and such other details about it as the person considers appropriate.
(4) A relevant public authority may enter into a collaboration agreement as a supplying authority, a subscribing authority or both (whether or not it would have power to do so apart from this section).
(5) The Secretary of State may, after consulting a relevant public authority, direct it to enter into a collaboration agreement if the Secretary of State considers that entering into the agreement would assist the effective exercise by the authority, or another relevant public authority, of its functions under this Part.
(6) A code of practice under Schedule 7 must include guidance to relevant public authorities about collaboration agreements.
(7) The guidance must include guidance about the criteria the Secretary of State will use in considering whether a collaboration agreement is appropriate for a relevant public authority.
(1) This section applies if—
(a) the chief officer of police of an England and Wales police force (“force 1”) has entered into a police collaboration agreement for the purposes of a collaborating police force's functions under this Part, and
(b) under the terms of the agreement—
(i) a designated senior officer of force 1 is permitted to grant authorisations under section 61 or 61A to officers of the collaborating police force,
(ii) officers of force 1 are permitted to be granted authorisations under section 61 or 61A by a designated senior officer of the collaborating police force, or
(iii) officers of force 1 act as single points of contact for officers of the collaborating police force.
(2) The persons by whom, or to whom, authorisations may be granted (or who may act as single points of contact) under a police collaboration agreement are additional to those persons by whom, or to whom, authorisations would otherwise be granted under this Part (or who could otherwise act as single points of contact).
(3) In a case falling within subsection (1)(b)(i)—
(a) section 61 has effect as if—
(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of the collaborating police force, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of force 1,
(b) section 61A has effect as if—
(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of the collaborating police force, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of force 1, and
(c) this Part has effect as if the designated senior officer of force 1 had the power to grant an authorisation under section 61 or 61A to officers of the collaborating police force, and had other functions in relation to the authorisation, which were the same as (and subject to no greater or lesser restrictions than) the power and other functions which the designated senior officer of the collaborating police force who would otherwise have dealt with the authorisation would have had.
(4) In a case falling within subsection (1)(b)(ii)—
(a) section 61 has effect as if—
(i) in subsection (2) the reference to an officer of the authority were a reference to an officer of force 1, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the collaborating police force, and
(b) section 61A has effect as if—
(i) in subsection (2) the reference to an officer of the relevant public authority were a reference to an officer of force 1, and
(ii) in subsection (6)(b)(ii) the reference to an officer of the same relevant public authority as an authorised officer included a reference to an officer of the collaborating police force.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In a case falling within subsection (1)(b)(iii), section 76(4)(b) has effect as if the references to the relevant public authority were references to the collaborating police force.
(6) In this section—
“collaborating police force”, in relation to a police collaboration agreement, means a police force (other than force 1) whose chief officer of police is a party to the agreement,
“England and Wales police force” means—
any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),
the metropolitan police force, or
the City of London police force,
“police collaboration agreement” has the same meaning as in section 78 (see subsection (6) of that section),
and references in this section to an England and Wales police force or a police force include the National Crime Agency (and references to the chief officer of police include the Director General of the National Crime Agency).
(1) Conduct is lawful for all purposes if—
(a) it is conduct in which any person is authorised to engage by an authorisation or required to undertake by virtue of a notice given in pursuance of an authorisation, and
(b) the conduct is in accordance with, or in pursuance of, the authorisation or notice.
(2) A person (whether or not the person so authorised or required) is not to be subject to any civil liability in respect of conduct that—
(a) is incidental to, or is reasonably undertaken in connection with, conduct that is lawful by virtue of subsection (1), and
(b) is not itself conduct for which an authorisation or warrant—
(i) is capable of being granted under any of the enactments mentioned in subsection (3), and
(ii) might reasonably have been expected to have been sought in the case in question.
(3) The enactments referred to in subsection (2)(b)(i) are—
(a) an enactment contained in this Act,
(b) an enactment contained in the Regulation of Investigatory Powers Act 2000,
(c) an enactment contained in Part 3 of the Police Act 1997 (powers of the police and of customs officers), or
(d) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services).
(1) It is an offence for a telecommunications operator, or any person employed or engaged for the purposes of the business of a telecommunications operator, to disclose, without reasonable excuse, to any person the existence of—
(a) any requirement imposed on the operator by virtue of this Part to disclose communications data relating to that person, or
(b) any request made in pursuance of an authorisation for the operator to disclose such data.
(2) For the purposes of subsection (1), it is, in particular, a reasonable excuse if the disclosure is made with the permission of the relevant public authority which is seeking to obtain the data from the operator (whether the permission is contained in any notice requiring the operator to disclose the data or otherwise).
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales—
(i) to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before 2 May 2022), or
(ii) to a fine,
or to both;
(b) on summary conviction in Scotland—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(c) on summary conviction in Northern Ireland—
(i) to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
83 Certain transfer and agency arrangements with public authorities
(1) The Secretary of State may by regulations provide for—
(a) any function under sections 67 to 69 which is exercisable by the Secretary of State to be exercisable instead by another public authority, or
(b) any function under sections 67 to 69 which is exercisable by a public authority by virtue of paragraph (a) to be exercisable instead by the Secretary of State.
(2) The Secretary of State may by regulations modify any enactment about a public authority for the purpose of enabling or otherwise facilitating any function exercisable by the Secretary of State under this Part to be exercisable on behalf of the Secretary of State by the authority concerned.
(3) Regulations under subsection (2) do not affect the Secretary of State's responsibility for the exercise of the functions concerned.
(4) Subsection (2) does not apply in relation to any function of the Secretary of State of making regulations.
(5) Schedule 5 (which contains further safeguards and provisions supplementing this section) has effect.
84 Application of Part 3 to postal operators and postal services
(1) This Part applies to postal operators and postal services as it applies to telecommunications operators and telecommunications services.
(2) In its application by virtue of subsection (1), this Part has effect as if—
(a) any reference to a telecommunications operator were a reference to a postal operator,
(b) any reference to a telecommunications service were a reference to a postal service,
(c) any reference to a telecommunication system were a reference to a postal service,
(d) sections 61(3)(a) and 62 were omitted, ...
(da) the reference in sections 60A(8)(a), 61(7A)(a) and 61A(8)(a) to events data were a reference to anything within paragraph (a) or (b) of the definition of “communications data” in section 262(3), and
(e) in Part 2 of Schedule 4, for “which is entity data” there were substituted “ within paragraph (c) of the definition of “communications data” in section 262(3) ”.
(1) An authorisation may relate to conduct outside the United Kingdom and persons outside the United Kingdom.
(2) A notice given in pursuance of an authorisation may relate to conduct outside the United Kingdom and persons outside the United Kingdom.
(3) Where such a notice is to be given to a person outside the United Kingdom, the notice may be given to the person in any of the following ways (as well as by electronic or other means of service)—
(a) by delivering it to the person's principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities,
(b) if the person has specified an address in the United Kingdom as one at which the person, or someone on the person's behalf, will accept documents of the same description as a notice, by delivering it to that address,
(c) by notifying the person by such other means as the authorised officer considers appropriate (which may include notifying the person orally).
(4) In determining for the purposes of subsection (3) of section 66 whether it is reasonably practicable for a telecommunications operator outside the United Kingdom to take any steps in a country or territory outside the United Kingdom for the purpose of complying with a duty imposed by virtue of subsection (1) or (2) of that section, the matters to be taken into account include the following—
(a) any requirements or restrictions under the law of that country or territory that are relevant to the taking of those steps, and
(b) the extent to which it is reasonably practicable to comply with the duty in a way that does not breach any of those requirements or restrictions.
(5) Nothing in the definition of “telecommunications operator” limits the type of communications data in relation to which an authorisation, or a request or requirement of a kind which gives rise to a duty under section 66(1) or (2), may apply.
(1) In this Part—
“authorisation” means an authorisation under section 60A, 61 or 61A (including sections 61 and 61A as modified by sections 78 and 80),
“designated senior officer”—
...
in relation to any ... relevant public authority, has the meaning given by section 70(3),
“filtering arrangements” means any arrangements under section 67(1),
“officer”, in relation to a relevant public authority, means a person holding an office, rank or position with that authority,
“relevant public authority” means a public authority which is a relevant public authority for the purposes of this Part by virtue of section 70(2) or 73(1).
(2) In this Part “local authority” means—
(a) a district or county council in England,
(b) a London borough council,
(c) the Common Council of the City of London in its capacity as a local authority,
(d) the Council of the Isles of Scilly,
(e) a county council or county borough council in Wales,
(f) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and
(g) a district council in Northern Ireland.
(2A) In this Part, “serious crime” means, in addition to crime which falls within paragraph (a) or (b) of the definition of “serious crime” in section 263(1), crime where the offence, or one of the offences, which is or would be constituted by the conduct concerned is—
(a) an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of 12 months or more (disregarding any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions), or
(b) an offence—
(i) by a person who is not an individual, or
(ii) which involves, as an integral part of it, the sending of a communication or a breach of a person’s privacy.
(3) See also—
section 261 (telecommunications definitions),
section 262 (postal definitions),
section 263 (general definitions),
section 265 (index of defined expressions).
(1) The Secretary of State may, by notice (a “retention notice”) and subject as follows, require a telecommunications operator to retain relevant communications data if—
(a) the Secretary of State considers that the requirement is necessary and proportionate for one or more of the following purposes—
(i) in the interests of national security,
(ii) for the applicable crime purpose (see subsection (10A)),
(iii) in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,
(iv) in the interests of public safety,
(v) for the purpose of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health,
(vi) to assist investigations into alleged miscarriages of justice,
and
(b) the decision to give the notice has been approved by a Judicial Commissioner.
(2) A retention notice may—
(a) relate to a particular operator or any description of operators,
(b) require the retention of all data or any description of data,
(c) identify the period or periods for which data is to be retained,
(d) contain other requirements, or restrictions, in relation to the retention of data,
(e) make different provision for different purposes,
(f) relate to data whether or not in existence at the time of the giving, or coming into force, of the notice.
(3) A retention notice must not require any data to be retained for more than 12 months beginning with—
(a) in the case of communications data relating to a specific communication, the day of the communication concerned,
(b) in the case of entity data which does not fall within paragraph (a) above but does fall within paragraph (a)(i) of the definition of “communications data” in section 261(5), the day on which the entity concerned ceases to be associated with the telecommunications service concerned or (if earlier) the day on which the data is changed, and
(c) in any other case, the day on which the data is first held by the operator concerned.
(4) A retention notice must not require an operator who controls or provides a telecommunication system (“the system operator”) to retain data , other than data which is, or can only be obtained by processing, an internet connection record, which—
(a) relates to the use of a telecommunications service provided (solely or jointly with another person) by another telecommunications operator in relation to that system,
(aa) does not relate to a relevant roaming service,
(b) is (or is capable of being) processed by the system operator as a result of being comprised in, included as part of, attached to or logically associated with a communication transmitted by means of the system as a result of the use mentioned in paragraph (a),
(c) is not needed by the system operator for the functioning of the system in relation to that communication, and
(d) is not retained or used by the system operator for any other lawful purpose,
and which it is reasonably practicable to separate from other data which is subject to the notice.
(4A) In subsection (4) “relevant roaming service” means a telecommunications service provided by the system operator under an agreement with a telecommunications operator outside the United Kingdom (the “non-UK operator”) which facilitates the use by persons in the United Kingdom of the system operator’s telecommunication system to access one or more telecommunications services of the non-UK operator.
(5) A retention notice which relates to data already in existence when the notice comes into force imposes a requirement to retain the data for only so much of a period of retention as occurs on or after the coming into force of the notice.
(6) A retention notice comes into force—
(a) when the notice is given to the operator (or description of operators) concerned, or
(b) (if later) at the time or times specified in the notice.
(6A) A retention notice ceases to have effect at the end of the relevant period unless before the end of that period—
(a) it is varied in accordance with section 94(4) so as to require the retention of additional relevant communications data,
(b) it is renewed (see section 94A), or
(c) it is revoked or otherwise ceases to have effect (see sections 90(10) and 94).
(6B) In subsection (6A) the “relevant period” means the period of two years beginning with—
(a) in the case of a retention notice that has not been varied as mentioned in subsection (6A)(a) or renewed, the day on which the notice comes into force, or
(b) in the case of a retention notice that has been so varied or renewed, the day after the day at the end of which the retention notice would have ceased to have effect if it had not been so varied or renewed.
(7) A retention notice is given to an operator (or description of operators) by giving, or publishing, it in such manner as the Secretary of State considers appropriate for bringing it to the attention of the operator (or description of operators) to whom it relates.
(8) A retention notice must specify—
(a) the operator (or description of operators) to whom it relates,
(aa) each telecommunications service (or description of telecommunications service) to which it relates,
(b) the data which is to be retained,
(c) the period or periods for which the data is to be retained,
(d) any other requirements, or any restrictions, in relation to the retention of the data,
(e) the information required by section 249(7) (the level or levels of contribution in respect of costs incurred as a result of the notice).
(9) The requirements or restrictions mentioned in subsection (8)(d) may, in particular, include—
(a) a requirement to retain the data in such a way that it can be transmitted efficiently and effectively in response to requests,
(b) requirements or restrictions in relation to the obtaining (whether by collection, generation or otherwise), generation or processing of—
(i) data for retention, or
(ii) retained data.
(10) The fact that the data which would be retained under a retention notice relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the requirement to retain the data is necessary for one or more of the purposes falling within sub-paragraphs (i) to (vi) of subsection (1)(a).
(10A) In this section, “the applicable crime purpose” means—
(a) to the extent that a retention notice relates to events data, the purpose of preventing or detecting serious crime;
(b) to the extent that a retention notice relates to entity data, the purpose of preventing or detecting crime or of preventing disorder.
(10B) In subsection (10A)(a), “serious crime” means, in addition to crime which falls within paragraph (a) or (b) of the definition of “serious crime” in section 263(1), crime where the offence, or one of the offences, which is or would be constituted by the conduct concerned is—
(a) an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of 12 months or more (disregarding any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions), or
(b) an offence—
(i) by a person who is not an individual, or
(ii) which involves, as an integral part of it, the sending of a communication or a breach of a person’s privacy.
(11) In this Part “relevant communications data” means communications data which may be used to identify, or assist in identifying, any of the following—
(a) the sender or recipient of a communication (whether or not a person),
(b) the time or duration of a communication,
(c) the type, method or pattern, or fact, of communication,
(d) the telecommunication system (or any part of it) from, to or through which, or by means of which, a communication is or may be transmitted, or
(e) the location of any such system,
(and this expression therefore includes, in particular, internet connection records).
88 Matters to be taken into account before giving retention notices
(1) Before giving a retention notice , including in relation to one or more of the purposes mentioned in sub-paragraphs (i) to (vi) of section 87(1)(a) (purposes for which retention of communications data may be required), the Secretary of State must, among other matters, take into account—
(a) the likely benefits of the notice,
(aa) the telecommunications services to which the retention notice relates,
(ab) the appropriateness of limiting the data to be retained by reference to—
(i) location, or
(ii) descriptions of persons to whom telecommunications services are provided,
(b) the likely number of users (if known) of any telecommunications service to which the notice relates,
(c) the technical feasibility of complying with the notice,
(d) the likely cost of complying with the notice, and
(e) any other effect of the notice on the telecommunications operator (or description of operators) to whom it relates.
(2) Before giving such a notice, the Secretary of State must take reasonable steps to consult any operator to whom it relates.
89 Approval of retention notices by Judicial Commissioners
(1) In deciding whether to approve a decision to give a retention notice, a Judicial Commissioner must review the Secretary of State's conclusions as to whether the requirement to be imposed by the notice to retain relevant communications data is necessary and proportionate for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a).
(2) In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).
(3) Where a Judicial Commissioner refuses to approve a decision to give a retention notice, the Judicial Commissioner must give the Secretary of State written reasons for the refusal.
(4) Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a decision to give a retention notice, the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to give the notice.
(1) A telecommunications operator to whom a retention notice is given may, within such period or circumstances as may be provided for by regulations made by the Secretary of State, refer the notice back to the Secretary of State.
(2) Such a reference may be in relation to the whole of a notice or any aspect of it.
(3) In the case of a notice given to a description of operators—
(a) each operator falling within that description may make a reference under subsection (1), but
(b) each such reference may only be in relation to the notice, or aspect of the notice, so far as it applies to that operator.
(4) Where a telecommunications operator refers a retention notice under subsection (1)—
(a) there is no requirement for the operator to comply with the notice, so far as referred, and
(b) subsection (4A) applies to the operator,
until the Secretary of State has reviewed the notice in accordance with subsection (5).
(4A) Where this subsection applies to a telecommunications operator, the operator must not make any relevant changes to telecommunications services or telecommunication systems to which obligations imposed by the retention notice relate.
(4B) In subsection (4A) “relevant change” means a change that, if implemented, would have a negative effect on the capability of the operator to provide any assistance which the operator may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act.
(5) The Secretary of State must , before the end of the review period, review any notice so far as referred to the Secretary of State under subsection (1) (and accordingly decide what action to take under subsection (10)).
(5A) In subsection (5) “the review period” means—
(a) such period as may be provided for by regulations made by the Secretary of State, or
(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.
(6) Before deciding the review, the Secretary of State must consult—
(a) the Technical Advisory Board, and
(b) a Judicial Commissioner.
(7) The Board must consider the technical requirements and the financial consequences, for the operator who has made the reference, of the notice so far as referred.
(8) The Commissioner must consider whether the notice so far as referred is proportionate.
(9) The Board and the Commissioner must—
(a) give the operator concerned and the Secretary of State the opportunity to provide evidence, or make representations, to them before reaching their conclusions, and
(b) report their conclusions to—
(i) the operator, and
(ii) the Secretary of State.
(9A) The Commissioner may give a direction to the operator concerned or the Secretary of State specifying the period within which the operator or the Secretary of State (as the case may be) may provide evidence, or make representations, in accordance with subsection (9)(a).
(9B) If the Commissioner gives such a direction to the operator or the Secretary of State, the Board and the Commissioner are not required to take into account any evidence provided, or representations made, by the operator or the Secretary of State (as the case may be) after the end of that period.
(10) The Secretary of State must, after considering the conclusions of the Board and the Commissioner but before the end of the relevant period, decide whether to—
(a) vary or revoke the retention notice under section 94, or
(b) give a notice under this section to the operator concerned confirming its effect.
(11) But the Secretary of State may vary the notice, or give a notice under subsection (10)(b) confirming its effect, only if the Secretary of State's decision to do so has been approved by the Investigatory Powers Commissioner.
(11A) In subsection (10) “the relevant period” means—
(a) such period as may be provided for by regulations made by the Secretary of State, or
(b) if that period is extended by the Secretary of State in accordance with the regulations (see subsection (15)), such extended period.
(12) A report or notice under this section is given to an operator by giving or publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of the operator.
(13) The Secretary of State must keep a retention notice under review (whether or not referred under subsection (1)).
(14) Regulations under subsection (5A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State where the extension is agreed by the Secretary of State, the telecommunications operator concerned and a Judicial Commissioner.
(15) Regulations under subsection (11A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State—
(a) where the Secretary of State considers that there are exceptional circumstances that justify the extension, or
(b) in any other circumstances specified in the regulations.
(16) Where regulations under subsection (11A)(a) include provision mentioned in subsection (15), the regulations must also include provision requiring the Secretary of State to notify a Judicial Commissioner and the telecommunications operator concerned of the duration of any extended period.
91 Approval of notices following review under section 90
(1) In deciding whether to approve a decision to vary a retention notice as mentioned in section 90(10)(a), or to give a notice under section 90(10)(b) confirming the effect of a retention notice, the Investigatory Powers Commissioner must review the Secretary of State's conclusions as to whether the requirement to be imposed by the notice as varied or confirmed to retain relevant communications data is necessary and proportionate for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a).
(2) In doing so, the Investigatory Powers Commissioner must—
(a) apply the same principles as would be applied by a court on an application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Investigatory Powers Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).
(3) Where the Investigatory Powers Commissioner refuses to approve a decision to vary a retention notice as mentioned in section 90(10)(a), or to give a notice under section 90(10)(b) confirming the effect of a retention notice, the Investigatory Powers Commissioner must give the Secretary of State written reasons for the refusal.
(1) A telecommunications operator who retains relevant communications data by virtue of this Part must—
(a) secure that the data is of the same integrity, and subject to at least the same security and protection, as the data on any system from which it is derived,
(b) secure, by appropriate technical and organisational measures, that the data can be accessed only by specially authorised personnel, and
(c) protect, by appropriate technical and organisational measures, the data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful retention, processing, access or disclosure.
(2) A telecommunications operator who retains relevant communications data by virtue of this Part must destroy the data if the retention of the data ceases to be authorised by virtue of this Part and is not otherwise authorised by law.
(3) The destruction of the data may take place at such monthly or shorter intervals as appear to the operator to be practicable.
A telecommunications operator must put in place adequate security systems (including technical and organisational measures) governing access to relevant communications data retained by virtue of this Part in order to protect against any unlawful disclosure.
(1) The Secretary of State may vary a retention notice.
(2) The Secretary of State must give, or publish, notice of the variation in such manner as the Secretary of State considers appropriate for bringing the variation to the attention of the telecommunications operator (or description of operators) to whom it relates.
(3) A variation comes into force—
(a) when notice of it is given or published in accordance with subsection (2), or
(b) (if later) at the time or times specified in the notice of variation.
(4) A retention notice may not be varied so as to require the retention of additional relevant communications data unless—
(a) the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a), and
(b) subject to subsection (6), the decision to vary the notice has been approved by a Judicial Commissioner.
(5) The fact that additional relevant communications data which would be retained under a retention notice as varied relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the requirement to retain the data is necessary for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a).
(6) Subsection (4)(b) does not apply to a variation to which section 90(11) applies.
(7) Section 87(2) and (5) apply in relation to a retention notice as varied as they apply in relation to a retention notice, but as if the references to the notice coming into force included references to the variation coming into force.
(8) Sections 87(3), (4) and (8), 95 and 97, and subsections (1), (4), (13) and (16) of this section, apply in relation to a retention notice as varied as they apply in relation to a retention notice.
(9) Section 88 applies in relation to the making of a variation as it applies in relation to the giving of a retention notice (and, accordingly, the references to the notice in section 88(1)(a) to (e) are to be read as references to the variation).
(10) Section 89 applies in relation to a decision to vary to which subsection (4)(b) above applies as it applies in relation to a decision to give a retention notice (and, accordingly, the reference in subsection (1) of that section to the requirement to be imposed by the notice is to be read as a reference to the requirement to be imposed by the variation).
(11) Section 90 applies (but only so far as the variation is concerned) in relation to a retention notice as varied (other than one varied as mentioned in subsection (10)(a) of that section) as it applies in relation to a retention notice.
(12) Section 91 applies in relation to a decision under section 90(10) to vary or confirm a variation as it applies in relation to a decision to vary or confirm a retention notice (and, accordingly, the reference in subsection (1) of that section to the requirement to be imposed by the notice as varied or confirmed is to be read as a reference to the requirement to be imposed by the variation as varied or confirmed).
(13) The Secretary of State may revoke (whether wholly or in part) a retention notice.
(14) The Secretary of State must give or publish notice of the revocation in such manner as the Secretary of State considers appropriate for bringing the revocation to the attention of the operator (or description of operators) to whom it relates.
(15) A revocation comes into force—
(a) when notice of it is given or published in accordance with subsection (14), or
(b) (if later) at the time or times specified in the notice of revocation.
(16) The fact that a retention notice has been revoked in relation to a particular description of communications data and a particular operator (or description of operators) does not prevent the giving of another retention notice in relation to the same description of data and the same operator (or description of operators).
(1) If the renewal conditions are met, a retention notice may be renewed, at any time during the renewal period, by a notice given by the Secretary of State.
(2) The renewal conditions are—
(a) that the Secretary of State considers that the requirement in the retention notice for a telecommunications operator to retain relevant communications data is still necessary and proportionate for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a), and
(b) that the decision to renew the notice has been approved by a Judicial Commissioner.
(3) The renewal period means the period of 30 days ending with the day at the end of which the retention notice would otherwise cease to have effect.
(4) The Secretary of State must give, or publish, notice of the renewal in such manner as the Secretary of State considers appropriate for bringing the renewal to the attention of the telecommunications operator (or description of operators) to whom it relates.
(5) Sections 87(10), 88, 89 and 90 apply in relation to the renewal of a retention notice as they apply in relation to the giving of a retention notice.
95 Enforcement of notices and certain other requirements and restrictions
(1) It is the duty of a telecommunications operator on whom a requirement or restriction is imposed by—
(a) a retention notice, or
(b) section 92 or 93,
to comply with the requirement or restriction.
(2) A telecommunications operator, or any person employed or engaged for the purposes of the business of a telecommunications operator, must not disclose the existence or contents of a retention notice to any other person.
(3) Any member of the Information Commission, or any of its staff, must not disclose the existence or contents of a retention notice to any other person.
(4) Subsections (2) and (3) do not apply to a disclosure made with the permission of the Secretary of State.
(5) The duty under subsection (1) or (2) , or under section 90(4A), is enforceable (whether or not the person is in the United Kingdom) by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.
96 Application of Part 4 to postal operators and postal services
(1) This Part applies to postal operators and postal services as it applies to telecommunications operators and telecommunications services.
(2) In its application by virtue of subsection (1), this Part has effect as if—
(a) any reference to a telecommunications operator were a reference to a postal operator,
(b) any reference to a telecommunications service were a reference to a postal service,
(c) any reference to a telecommunication system were a reference to a postal service,
(d) in section 87(3), for paragraph (b) there were substituted—
(b) in the case of communications data which does not fall within paragraph (a) above but does fall within paragraph (c) of the definition of “communications data” in section 262(3), the day on which the person concerned leaves the postal service concerned or (if earlier) the day on which the data is changed,
,
(e) for section 87(4) there were substituted—
(4) A retention notice must not require an operator who provides a postal service (“the network operator”) to retain data which—
(a) relates to the use of a postal service provided by another postal operator in relation to the postal service of the network operator,
(b) is (or is capable of being) processed by the network operator as a result of being comprised in, included as part of, attached to or logically associated with a communication transmitted by means of the postal service of the network operator as a result of the use mentioned in paragraph (a),
(c) is not needed by the network operator for the functioning of the network operator's postal service in relation to that communication, and
(d) is not retained or used by the network operator for any other lawful purpose,
and which it is reasonably practicable to separate from other data which is subject to the notice.
, ...
(ea) the reference in section 87(10A)(a) to events data were a reference to anything within paragraph (a) or (b) of the definition of “communications data” in section 262(3),
(eb) the reference in section 87(10A)(b) to entity data were a reference to anything within paragraph (c) of the definition of “communications data” in section 262(3), and
(f) in section 87(11), the words from “and this expression” to the end were omitted.
(1) A retention notice, and any requirement or restriction imposed by virtue of a retention notice or by section 92, 93 or 95(1) to (3), may relate to conduct outside the United Kingdom and persons outside the United Kingdom.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this Part—
“notice” means notice in writing,
“relevant communications data” has the meaning given by section 87(11),
“retention notice” has the meaning given by section 87(1).
(2) See also—
section 261 (telecommunications definitions),
section 262 (postal definitions),
section 263 (general definitions),
section 265 (index of defined expressions).
(1) There are two kinds of warrants which may be issued under this Part—
(a) targeted equipment interference warrants (see subsection (2));
(b) targeted examination warrants (see subsection (9)).
(2) A targeted equipment interference warrant is a warrant which authorises or requires the person to whom it is addressed to secure interference with any equipment for the purpose of obtaining—
(a) communications (see section 135);
(b) equipment data (see section 100);
(c) any other information.
(3) A targeted equipment interference warrant—
(a) must also authorise or require the person to whom it is addressed to secure the obtaining of the communications, equipment data or other information to which the warrant relates;
(b) may also authorise that person to secure the disclosure, in any manner described in the warrant, of anything obtained under the warrant by virtue of paragraph (a).
(4) The reference in subsections (2) and (3) to the obtaining of communications or other information includes doing so by—
(a) monitoring, observing or listening to a person's communications or other activities;
(b) recording anything which is monitored, observed or listened to.
(5) A targeted equipment interference warrant also authorises the following conduct (in addition to the conduct described in the warrant)—
(a) any conduct which it is necessary to undertake in order to do what is expressly authorised or required by the warrant, including conduct for securing the obtaining of communications, equipment data or other information;
(b) any conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance in giving effect to the warrant.
(6) A targeted equipment interference warrant may not, by virtue of subsection (3), authorise or require a person to engage in conduct, in relation to a communication other than a stored communication, which would (unless done with lawful authority) constitute an offence under section 3(1) (unlawful interception).
(7) Subsection (5)(a) does not authorise a person to engage in conduct which could not be expressly authorised under the warrant because of the restriction imposed by subsection (6).
(8) In subsection (6), “stored communication” means a communication stored in or by a telecommunication system (whether before or after its transmission).
(9) A targeted examination warrant is a warrant which authorises the person to whom it is addressed to carry out the selection of protected material obtained under a bulk equipment interference warrant for examination, in breach of the prohibition in section 193(4) (prohibition on seeking to identify communications of, or private information relating to, individuals in the British Islands).
In this Part, “protected material”, in relation to a targeted examination warrant, means any material obtained under a bulk equipment interference warrant under Chapter 3 of Part 6, other than material which is—
(a) equipment data;
(b) information (other than a communication or equipment data) which is not private information.
(10) For provision enabling the combination of targeted equipment interference warrants with certain other warrants or authorisations (including targeted examination warrants), see Schedule 8.
(11) Any conduct which is carried out in accordance with a warrant under this Part is lawful for all purposes.
(1) In this Part, “equipment data” means—
(a) systems data;
(b) data which falls within subsection (2).
(2) The data falling within this subsection is identifying data which—
(a) is, for the purposes of a relevant system, comprised in, included as part of, attached to or logically associated with a communication (whether by the sender or otherwise) or any other item of information,
(b) is capable of being logically separated from the remainder of the communication or the item of information, and
(c) if it were so separated, would not reveal anything of what might reasonably be considered to be the meaning (if any) of the communication or the item of information, disregarding any meaning arising from the fact of the communication or the existence of the item of information or from any data relating to that fact.
(3) In subsection (2), “relevant system” means any system on or by means of which the data is held.
(4) For the meaning of “systems data” and “identifying data”, see section 263.
(1) A targeted equipment interference warrant may relate to any one or more of the following matters—
(a) equipment belonging to, used by or in the possession of a particular person or organisation;
(b) equipment belonging to, used by or in the possession of a group of persons who share a common purpose or who carry on, or may carry on, a particular activity;
(c) equipment belonging to, used by or in the possession of more than one person or organisation, where the interference is for the purpose of a single investigation or operation;
(d) equipment in a particular location;
(e) equipment in more than one location, where the interference is for the purpose of a single investigation or operation;
(f) equipment which is being, or may be, used for the purposes of a particular activity or activities of a particular description;
(g) equipment which is being, or may be, used to test, maintain or develop capabilities relating to interference with equipment for the purpose of obtaining communications, equipment data or other information;
(h) equipment which is being, or may be, used for the training of persons who carry out, or are likely to carry out, such interference with equipment.
(2) A targeted examination warrant may relate to any one or more of the following matters—
(a) a particular person or organisation;
(b) a group of persons who share a common purpose or who carry on, or may carry on, a particular activity;
(c) more than one person or organisation, where the conduct authorised by the warrant is for the purpose of a single investigation or operation;
(d) the testing, maintenance or development of capabilities relating to the selection of protected material for examination;
(e) the training of persons who carry out, or are likely to carry out, the selection of such material for examination.
102 Power to issue warrants to intelligence services: the Secretary of State
(1) The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a targeted equipment interference warrant if—
(a) the Secretary of State considers that the warrant is necessary on grounds falling within subsection (5),
(b) the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(c) the Secretary of State considers that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc.) are in force in relation to the warrant, and
(d) except where the Secretary of State considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(2) But the Secretary of State may not issue a targeted equipment interference warrant under subsection (1) if—
(a) the Secretary of State considers that the only ground for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime, and
(b) the warrant, if issued, would authorise interference only with equipment which would be in Scotland at the time of the issue of the warrant or which the Secretary of State believes would be in Scotland at that time.
For the power of the Scottish Ministers to issue a targeted equipment interference warrant, see section 103.
(3) The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a targeted examination warrant if—
(a) the Secretary of State considers that the warrant is necessary on grounds falling within subsection (5),
(b) the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(c) the Secretary of State considers that the warrant is or may be necessary to authorise the selection of protected material for examination in breach of the prohibition in section 193(4) (prohibition on seeking to identify communications of, or private information relating to, individuals in the British Islands), and
(d) except where the Secretary of State considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(4) But the Secretary of State may not issue a targeted examination warrant under subsection (3) if—
(a) the Secretary of State considers that the only ground for considering the warrant to be necessary is for the purpose of preventing or detecting serious crime, and
(b) the warrant, if issued, would relate only to a person who would be in Scotland at the time of the issue of the warrant or whom the Secretary of State believes would be in Scotland at that time.
For the power of the Scottish Ministers to issue a targeted examination warrant, see section 103.
(5) A warrant is necessary on grounds falling within this subsection if it is necessary—
(a) in the interests of national security,
(b) for the purpose of preventing or detecting serious crime, or
(c) in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security.
(6) A warrant may be considered necessary on the ground falling within subsection (5)(c) only if the interference with equipment which would be authorised by the warrant is considered necessary for the purpose of obtaining information relating to the acts or intentions of persons outside the British Islands.
(7) The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary on grounds falling within subsection (5).
(8) An application for the issue of a warrant under this section may only be made on behalf of the head of an intelligence service by a person holding office under the Crown.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Power to issue warrants to intelligence services: the Scottish Ministers
(1) The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a targeted equipment interference warrant if—
(a) the warrant authorises interference only with equipment which is in Scotland at the time the warrant is issued or which the Scottish Ministers believe to be in Scotland at that time,
(b) the Scottish Ministers consider that the warrant is necessary for the purpose of preventing or detecting serious crime,
(c) the Scottish Ministers consider that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(d) the Scottish Ministers consider that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc.) are in force in relation to the warrant, and
(e) except where the Scottish Ministers consider that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(2) The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a targeted examination warrant if—
(a) the warrant relates only to a person who is in Scotland, or whom the Scottish Ministers believe to be in Scotland, at the time of the issue of the warrant,
(b) the Scottish Ministers consider that the warrant is necessary for the purpose of preventing or detecting serious crime,
(c) the Scottish Ministers consider that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(d) the Scottish Ministers consider that the warrant is or may be necessary to authorise the selection of protected material in breach of the prohibition in section 193(4) (prohibition on seeking to identify communications of, or private information relating to, individuals in the British Islands), and
(e) except where the Scottish Ministers consider that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(3) The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary as mentioned in subsection (1)(b) or (2)(b).
(4) An application for the issue of a warrant under this section may only be made on behalf of the head of an intelligence service by a person holding office under the Crown.
104 Power to issue warrants to the Chief of Defence Intelligence
(1) The Secretary of State may, on an application made by or on behalf of the Chief of Defence Intelligence, issue a targeted equipment interference warrant if—
(a) the Secretary of State considers that the warrant is necessary in the interests of national security,
(b) the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(c) the Secretary of State considers that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc.) are in force in relation to the warrant, and
(d) except where the Secretary of State considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(2) The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary as mentioned in subsection (1)(a).
(3) An application for the issue of a warrant under this section may only be made on behalf of the Chief of Defence Intelligence by a person holding office under the Crown.
105 Decision to issue warrants under sections 102 to 104 to be taken personally by Ministers
(1) The decision to issue a warrant under section 102 or 104 must be taken personally by the Secretary of State.
(2) The decision to issue a warrant under section 103 must be taken personally by a member of the Scottish Government.
(3) Before a warrant under section 102, 103 or 104 is issued, it must be signed by the person who has taken the decision to issue it (subject to subsection (4)).
(4) If it is not reasonably practicable for a warrant to be signed by the person who has taken the decision to issue it, the warrant may be signed by a senior official designated by the Secretary of State or (as the case may be) the Scottish Ministers for that purpose.
(5) In such a case, the warrant must contain a statement that—
(a) it is not reasonably practicable for the warrant to be signed by the person who took the decision to issue it, and
(b) the Secretary of State or (as the case may be) a member of the Scottish Government has personally and expressly authorised the issue of the warrant.
106 Power to issue warrants to law enforcement officers
(1) A law enforcement chief described in Part 1 or 2 of the table in Schedule 6 may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a targeted equipment interference warrant if—
(a) the law enforcement chief considers that the warrant is necessary for the purpose of preventing or detecting serious crime,
(b) the law enforcement chief considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(c) the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc.) are in force in relation to the warrant, and
(d) except where the law enforcement chief considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(2) The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary as mentioned in subsection (1)(a).
(3) A law enforcement chief described in Part 1 of the table in Schedule 6 may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a targeted equipment interference warrant if—
(a) the law enforcement chief considers that the warrant is necessary for the purpose of preventing death or any injury or damage to a person's physical or mental health or of mitigating any injury or damage to a person's physical or mental health,
(b) the law enforcement chief considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,
(c) the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc.) are in force in relation to the warrant, and
(d) except where the law enforcement chief considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.
(4) If it is not reasonably practicable for a law enforcement chief to consider an application under this section, an appropriate delegate may, in an urgent case, exercise the power to issue a targeted equipment interference warrant.
(5) For the purposes of this section—
(a) a person is a law enforcement chief if the person is listed in the first column of the table in Schedule 6;
(b) a person is an appropriate delegate in relation to a law enforcement chief listed in the first column if the person is listed in the corresponding entry in the second column of that table;
(c) a person is an appropriate law enforcement officer in relation to a law enforcement chief listed in the first column if the person is listed in the corresponding entry in the third column of that table.
(6) Where the law enforcement chief is the Chief Constable or the Deputy Chief Constable of the Police Service of Northern Ireland, the reference in subsection (1)(a) to the purpose of preventing or detecting serious crime includes a reference to the interests of national security.
(7) A law enforcement chief who is an immigration officer may consider that the condition in subsection (1)(a) is satisfied only if the serious crime relates to an offence which is an immigration or nationality offence (whether or not it also relates to other offences).
(8) A law enforcement chief who is an officer of Revenue and Customs may consider that the condition in subsection (1)(a) is satisfied only if the serious crime relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979.
(9) A law enforcement chief who is a designated customs official may consider that the condition in subsection (1)(a) is satisfied only if the serious crime relates to a matter in respect of which a designated customs official has functions.
(10) A law enforcement chief who is the chair of the Competition and Markets Authority may consider that the condition in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which the serious crime relates are offences under section 188 of the Enterprise Act 2002.
(11) A law enforcement chief who is the Director General of the Independent Office for Police Conduct may consider that the condition in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which the serious crime relates are offences that are being investigated as part of an investigation ... under Schedule 3 to the Police Reform Act 2002.
(11A) A law enforcement chief who is the Service Police Complaints Commissioner may consider that the condition in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which the serious crime relates are offences that are being investigated as part of an investigation carried out under regulations under section 340P of the Armed Forces Act 2006 (power to make further provision).
(12) A law enforcement chief who is the Police Investigations and Review Commissioner may consider that the condition in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which the serious crime relates are offences that are being investigated under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
(13) For the purpose of subsection (7), an offence is an immigration or nationality offence if conduct constituting the offence—
(a) relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b) is undertaken for the purposes of or otherwise in relation to—
(i) the British Nationality Act 1981;
(ii) the Hong Kong Act 1985;
(iii) the Hong Kong (War Wives and Widows) Act 1996;
(iv) the British Nationality (Hong Kong) Act 1997;
(v) the British Overseas Territories Act 2002;
(vi) an instrument made under any of those Acts.
(14) In this section—
“designated customs official” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act);
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
107 Restriction on issue of warrants to certain law enforcement officers
(1) A law enforcement chief specified in subsection (2) may not issue a targeted equipment interference warrant under section 106 unless the law enforcement chief considers that there is a British Islands connection.
(2) The law enforcement chiefs specified in this subsection are—
(a) the Chief Constable of a police force maintained under section 2 of the Police Act 1996;
(b) the Commissioner, or an Assistant Commissioner, of the metropolitan police force;
(c) the Commissioner of Police for the City of London;
(d) the chief constable of the Police Service of Scotland;
(e) the Chief Constable or a Deputy Chief Constable of the Police Service of Northern Ireland;
(f) the Chief Constable of the British Transport Police Force;
(g) the Chief Constable of the Ministry for Defence Police;
(h) the Director General of the Independent Office for Police Conduct;
(ha) the Service Police Complaints Commissioner;
(i) the Police Investigations and Review Commissioner.
(3) The Director General or a Deputy Director General of the National Crime Agency may not issue a targeted equipment interference warrant on the application of a member of a collaborative police force unless the Director General or the Deputy Director General (as the case may be) considers that there is a British Islands connection.
“Collaborative police force” has the meaning given by paragraph 2 of Part 3 of Schedule 6.
(4) For the purpose of this section, there is a British Islands connection if—
(a) any of the conduct authorised by the warrant would take place in the British Islands (regardless of the location of the equipment that would, or may, be interfered with),
(b) any of the equipment which would, or may, be interfered with would, or may, be in the British Islands at some time while the interference is taking place, or
(c) a purpose of the interference is to obtain—
(i) communications sent by, or to, a person who is, or whom the law enforcement officer believes to be, for the time being in the British Islands,
(ii) information relating to an individual who is, or whom the law enforcement officer believes to be, for the time being in the British Islands, or
(iii) equipment data which forms part of, or is connected with, communications or information falling within sub-paragraph (i) or (ii).
(5) Except as provided by subsections (1) to (3), a targeted equipment interference warrant may be issued under section 106 whether or not the person who has power to issue the warrant considers that there is a British Islands connection.
108 Approval of warrants by Judicial Commissioners
(1) In deciding whether to approve a person's decision to issue a warrant under this Part, a Judicial Commissioner must review the person's conclusions as to the following matters—
(a) whether the warrant is necessary on any relevant grounds (see subsection (3)), and
(b) whether the conduct which would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct.
(2) In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).
(3) In subsection (1)(a), “relevant grounds” means—
(a) in the case of a decision to issue a warrant under section 102, grounds falling within section 102(5);
(b) in the case of a decision to issue a warrant under section 103, the purpose of preventing or detecting serious crime;
(c) in the case of a decision to issue a warrant under section 104, the interests of national security;
(d) in the case of a decision to issue a warrant under section 106(1), the purpose mentioned in section 106(1)(a);
(e) in the case of a decision to issue a warrant under section 106(3), the purpose mentioned in section 106(3)(a).
(4) Where a Judicial Commissioner refuses to approve a person's decision to issue a warrant under this Part, the Judicial Commissioner must give the person written reasons for the refusal.
(5) Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a person's decision to issue a warrant under this Part, the person may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant.
(1) This section applies where—
(a) a warrant under this Part is issued without the approval of a Judicial Commissioner, and
(b) the person who issued the warrant considered that there was an urgent need to issue it.
(2) The person who issued the warrant must inform a Judicial Commissioner that it has been issued.
(3) The Judicial Commissioner must, before the end of the relevant period—
(a) decide whether to approve the decision to issue the warrant, and
(b) notify the person of the Judicial Commissioner's decision.
“The relevant period” means the period ending with the third working day after the day on which the warrant was issued.
(4) If a Judicial Commissioner refuses to approve the decision to issue a warrant, the warrant—
(a) ceases to have effect (unless already cancelled), and
(b) may not be renewed,
and section 108(5) does not apply in relation to the refusal to approve the decision.
(5) Section 110 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant.
110 Failure to approve warrant issued in urgent case
(1) This section applies where under section 109(3) a Judicial Commissioner refuses to approve the decision to issue a warrant.
(2) The person to whom the warrant was addressed must, so far as is reasonably practicable, secure that anything in the process of being done under the warrant stops as soon as possible.
(3) Where the refusal relates to a targeted equipment interference warrant, the Judicial Commissioner may—
(a) authorise further interference with equipment for the purpose of enabling the person to whom the warrant was addressed to secure that anything in the process of being done under the warrant stops as soon as possible;
(b) direct that any of the material obtained under the warrant is destroyed;
(c) impose conditions as to the use or retention of any of that material.
(4) Where the refusal relates to a targeted examination warrant, the Judicial Commissioner may impose conditions as to the use of any protected material selected for examination under the warrant.
(5) The Judicial Commissioner—
(a) may require an affected party to make representations about how the Judicial Commissioner should exercise any function under subsection (3) or (4), and
(b) must have regard to any such representations made by an affected party (whether or not as a result of a requirement imposed under paragraph (a)).
(6) Each of the following is an “affected party” for the purposes of subsection (5)—
(a) the person who decided to issue the warrant;
(b) the person to whom the warrant was addressed.
(7) The person who decided to issue the warrant may ask the Investigatory Powers Commissioner to review a decision made by any other Judicial Commissioner under subsection (3) or (4).
(8) On a review under subsection (7), the Investigatory Powers Commissioner may—
(a) confirm the Judicial Commissioner's decision, or
(b) make a fresh determination.
(9) Nothing in this section or section 109 affects the lawfulness of—
(a) anything done under the warrant before it ceases to have effect;
(b) if anything is in the process of being done under the warrant when it ceases to have effect—
(i) anything done before that thing could be stopped, or
(ii) anything done that it is not reasonably practicable to stop.
(1) Subsection (3) applies where—
(a) an application is made to the Secretary of State for a targeted equipment interference warrant, and
(b) the purpose of the warrant is to obtain—
(i) communications sent by, or intended for, a person who is a member of a relevant legislature, or
(ii) a member of a relevant legislature's private information.
(2) Subsection (3) also applies where—
(a) an application is made to the Secretary of State for a targeted examination warrant, and
(b) the purpose of the warrant is to authorise the selection for examination of protected material which consists of—
(i) communications sent by, or intended for, a person who is a member of a relevant legislature, or
(ii) a member of a relevant legislature's private information.
(3) The Secretary of State may not issue the warrant without the approval of
(a) the Prime Minister , or
(b) if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.
(4) Subsection (5) applies where—
(a) an application is made under section 106 to a law enforcement chief for a targeted equipment interference warrant, and
(b) the purpose of the warrant is to obtain—
(i) communications sent by, or intended for, a person who is a member of a relevant legislature, or
(ii) a member of a relevant legislature's private information.
(5) The law enforcement chief may not issue the warrant without the approval of the Secretary of State unless the law enforcement chief believes that the warrant (if issued) would authorise interference only with equipment which would be in Scotland at the time of the issue of the warrant or which the law enforcement chief believes would be in Scotland at that time.
(6) The Secretary of State may give approval for the purposes of subsection (5) only with the approval of
(a) the Prime Minister , or
(b) if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.
(7) In a case where the decision whether to issue a targeted equipment interference warrant is to be taken by an appropriate delegate in relation to a law enforcement chief under section 106(4), the reference in subsection (5) to the law enforcement chief is to be read as a reference to the appropriate delegate.
(7A) Condition A is that the Prime Minister is unable to decide whether to give approval under subsection (3) or (as the case may be) (6), due to incapacity or inability to access secure communications.
(7B) Condition B is that the Secretary of State or a senior official considers that there is an urgent need for the decision (as to whether to give such approval) to be made.
(7C) The Prime Minister may designate up to five individuals under this section.
(7D) The Prime Minister may designate an individual under this section only if the individual—
(a) holds the office of Secretary of State, and
(b) has the necessary operational awareness to decide whether to give approvals under subsection (3) or (6).
(7E) A designation under this section ends—
(a) when the individual ceases to hold the office of Secretary of State, or
(b) if earlier, when revoked by the Prime Minister.
(8) In this section “member of a relevant legislature” means—
(a) a member of either House of Parliament;
(b) a member of the Scottish Parliament;
(c) a member of the National Assembly for Wales;
(d) a member of the Northern Ireland Assembly;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subsections (2) to (5) apply if—
(a) an application is made for a warrant under this Part, and
(b) the purpose, or one of the purposes, of the warrant is—
(i) in the case of a targeted equipment interference warrant, to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege, or
(ii) in the case of a targeted examination warrant, to authorise the selection of such items for examination.
(2) The application must contain a statement that the purpose, or one of the purposes, of the warrant is to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege or (in the case of a targeted examination warrant) the selection for examination of items subject to legal privilege.
(3) In deciding whether to issue the warrant, the person to whom the application is made must have regard to the public interest in the confidentiality of items subject to legal privilege.
(4) The person to whom the application is made may issue the warrant only if the person considers—
(a) that there are exceptional and compelling circumstances which make it necessary to authorise or require interference with equipment for the purpose of obtaining items subject to legal privilege or (in the case of a targeted examination warrant) the selection for examination of items subject to legal privilege, and
(b) that the arrangements made for the purposes of section 129 or (as the case may be) section 191 (safeguards relating to retention and disclosure of material) include specific arrangements for the handling, retention, use and destruction of such items.
(5) But the warrant may not be issued if it is considered necessary only as mentioned in section 102(5)(c).
(6) For the purposes of subsection (4)(a), there cannot be exceptional and compelling circumstances that make it necessary to authorise or require interference with equipment for the purpose of obtaining, or the selection for examination of, items subject to legal privilege unless—
(a) the public interest in obtaining the information that would be obtained by the warrant outweighs the public interest in the confidentiality of items subject to legal privilege,
(b) there are no other means by which the information may reasonably be obtained, and
(c) in the case of a warrant considered necessary for the purposes of preventing or detecting serious crime or as mentioned in section 106(3)(a), obtaining the information is necessary for the purpose of preventing death or significant injury.
(7) Subsections (8) and (9) apply if—
(a) an application is made for a warrant under this Part,
(b) the applicant considers that the relevant material is likely to include items subject to legal privilege, and
(c) subsections (2) to (5) do not apply.
(8) The application must contain—
(a) a statement that the applicant considers that the relevant material is likely to include items subject to legal privilege, and
(b) an assessment of how likely it is that the relevant material will include such items.
(9) The person to whom the application is made may issue the warrant only if the person considers that the arrangements made for the purposes of section 129 or (as the case may be) section 191 include specific arrangements for the handling, retention, use and destruction of items subject to legal privilege.
(10) In this section, “relevant material” means—
(a) in relation to a targeted equipment interference warrant, any material the obtaining of which is authorised or required under the warrant;
(b) in relation to a targeted examination warrant, any protected material which the warrant authorises to be selected for examination.
(11) Subsections (12) and (13) apply if—
(a) an application is made for a warrant under this Part,
(b) the purpose, or one of the purposes, of the warrant is—
(i) in the case of a targeted equipment interference warrant, to authorise or require interference with equipment for the purpose of obtaining communications or other items of information that, if they were not communications made or (as the case may be) other items of information created or held with the intention of furthering a criminal purpose, would be items subject to legal privilege, or
(ii) in the case of a targeted examination warrant, to authorise the selection of such communications or other items of information for examination, and
(c) the applicant considers that the communications or the other items of information (“the targeted communications or other items of information”) are likely to be communications made or (as the case may be) other items of information created or held with the intention of furthering a criminal purpose.
(12) The application must—
(a) contain a statement that the purpose, or one of the purposes, of the warrant is—
(i) to authorise or require interference with equipment for the purpose of obtaining communications or other items of information that, if they were not communications made or (as the case may be) other items of information created or held with the intention of furthering a criminal purpose, would be items subject to legal privilege, or
(ii) (in the case of a targeted examination warrant) to authorise the selection of such communications or other items of information for examination, and
(b) set out the reasons for believing that the targeted communications or other items of information are likely to be communications made or (as the case may be) other items of information created or held with the intention of furthering a criminal purpose.
(13) The person to whom the application is made may issue the warrant only if the person considers that the targeted communications or other items of information are likely to be communications made or (as the case may be) other items of information created or held with the intention of furthering a criminal purpose.
(1) This section applies if an application is made for a warrant under this Part and the purpose, or one of the purposes, of the warrant—
(a) in the case of a targeted equipment interference warrant, to authorise or require interference with equipment for the purpose of obtaining communications or other items of information which the applicant for the warrant believes will be communications or other items of information containing confidential journalistic material, or
(b) in the case of a targeted examination warrant, to authorise the selection for examination of journalistic material which the applicant for the warrant believes is confidential journalistic material.
(2) The application must contain a statement that the purpose, or one of the purposes, of the warrant is—
(a) in the case of a targeted equipment interference warrant, to authorise or require interference with equipment for the purpose of obtaining communications or other items of information which the applicant for the warrant believes will be communications or other items of information containing confidential journalistic material, or
(b) in the case of a targeted examination warrant, to authorise the selection for examination of journalistic material which the applicant for the warrant believes is confidential journalistic material.
(3) The person to whom the application is made may issue the warrant only if the person considers that the arrangements made for the purposes of section 129 or (as the case may be) section 191 (safeguards relating to retention and disclosure of material) include specific arrangements for the handling, retention, use and destruction of communications or other items of information containing confidential journalistic material.
(4) For the meaning of “journalistic material” and “confidential journalistic material”, see section 264.
(1) This section applies if an application is made for a warrant under this Part and the purpose, or one of the purposes, of the warrant is to identify or confirm a source of journalistic information.
(For the meaning of “source of journalistic information”, see section 263(1).)
(2) The application must contain a statement that the purpose, or one of the purposes, of the warrant is to identify or confirm a source of journalistic information.
(3) The person to whom the application is made may issue the warrant only if the person considers that the arrangements made for the purposes of section 129 or (as the case may be) section 191 (safeguards relating to retention and disclosure of material) include specific arrangements for the handling, retention, use and destruction of communications or other items of information that identify sources of journalistic information.
(1) A warrant under this Part must contain a provision stating whether it is a targeted equipment interference warrant or a targeted examination warrant.
(2) A warrant under this Part must be addressed—
(a) in the case of a warrant issued under section 102 or 103, to the head of the intelligence service by whom or on whose behalf the application for the warrant was made;
(b) in the case of a warrant issued under section 104, to the Chief of Defence Intelligence;
(c) in the case of a warrant issued under section 106 by a law enforcement chief (or by an appropriate delegate in relation to a law enforcement chief), to a person who—
(i) is an appropriate law enforcement officer in relation to the law enforcement chief, and
(ii) is named or described in the warrant.
(3) In the case of a targeted equipment interference warrant which relates to a matter described in the first column of the Table below, the warrant must include the details specified in the second column.
Matter | Details to be included in the warrant
Equipment belonging to, used by or in the possession of a particular person or organisation | The name of the person or organisation or a description of the person or organisation
Equipment belonging to, used by or in the possession of persons who form a group which shares a common purpose or who carry on, or may carry on, a particular activity | A description of the purpose or activity and the name of, or a description of, as many of the persons as it is reasonably practicable to name or describe
Equipment used by or in the possession of more than one person or organisation, where the interference is for the purpose of a single investigation or operation | A description of the nature of the investigation or operation and the name of, or a description of, as many of the persons or organisations as it is reasonably practicable to name or describe
Equipment in a particular location | A description of the location
Equipment in more than one location, where the interference is for the purpose of a single investigation or operation | A description of the nature of the investigation or operation and a description of as many of the locations as it is reasonably practicable to describe
Equipment which is being, or may be, used for the purposes of a particular activity or activities of a particular description | A description of the particular activity or activities
Equipment which is being, or may be, used to test, maintain or develop capabilities relating to interference with equipment | A description of the nature of the testing, maintenance or development of capabilities
Equipment which is being, or may be, used for the training of persons who carry out, or are likely to carry out, interference with equipment | A description of the nature of the training
(4) A targeted equipment interference warrant must also describe—
(a) the type of equipment which is to be interfered with, and
(b) the conduct which the person to whom the warrant is addressed is authorised to take.
(5) In the case of a targeted examination warrant which relates to a matter described in the first column of the Table below, the warrant must include the details specified in the second column.
Matter | Details to be included in the warrant
A particular person or organisation | The name of the person or organisation or a description of the person or organisation
A group of persons who share a common purpose or who carry on or may carry on a particular activity | A description of the purpose or activity and the name of, or a description of, as many of the persons as it is reasonably practicable to name or describe
More than one person or organisation, where the interference is for the purpose of a single investigation or operation | A description of the nature of the investigation or operation and the name of, or a description of, as many of the persons or organisations as it is reasonably practicable to name or describe
The testing, maintenance or development of capabilities relating to the selection of protected material for examination | A description of the nature of the testing, maintenance or development of capabilities
The training of persons who carry out, or are likely to carry out, the selection of protected material for examination | A description of the nature of the training
(1) A warrant issued under this Part ceases to have effect at the end of the relevant period (see subsection (2)), unless—
(a) it is renewed before the end of that period (see section 117), or
(b) it is cancelled or otherwise ceases to have effect before the end of that period (see sections 109 and 125).
(2) In this section, “the relevant period”—
(a) in the case of an urgent warrant which has not been renewed, means the period ending with the fifth working day after the day on which the warrant was issued;
(b) in any other case, means the period of 6 months beginning with—
(i) the day on which the warrant was issued, or
(ii) in the case of a warrant which has been renewed, the day after the day at the end of which the warrant would have ceased to have effect if it had not been renewed.
(3) For the purposes of subsection (2)(a), a warrant is an “urgent warrant” if—
(a) the warrant was issued without the approval of a Judicial Commissioner, and
(b) the person who decided to issue the warrant considered that there was an urgent need to issue it.