40 Special rules for certain mutual assistance warrants
(1) For the purposes of this section a warrant is a “relevant mutual assistance warrant” if—
(a) the warrant is for the purposes of a request for assistance made under ... an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom, and
(b) either—
(i) it appears that the interception subject is outside the United Kingdom, or
(ii) the interception authorised or required by the warrant is to take place in relation only to premises outside the United Kingdom.
(2) The decision to issue a relevant mutual assistance warrant may be taken by a senior official designated by the Secretary of State for that purpose.
(3) In such a case, the warrant must contain—
(a) a statement that the warrant is issued for the purposes of a request for assistance made under ... an international mutual assistance agreement ... by the competent authorities of a country or territory outside the United Kingdom, and
(b) whichever of the following statements is applicable—
(i) a statement that the interception subject appears to be outside the United Kingdom;
(ii) a statement that the interception authorised or required by the warrant is to take place in relation only to premises outside the United Kingdom.
(4) A relevant mutual assistance warrant may be renewed by a senior official designated by the Secretary of State for that purpose; and references in section 33 to the appropriate person include, in the case of such a warrant, references to that senior official.
(5) Where a senior official renews a relevant mutual assistance warrant in accordance with subsection (4), the instrument renewing the warrant must contain—
(a) a statement that the renewal is for the purposes of a request for assistance made under ... an international mutual assistance agreement ... by the competent authorities of a country or territory outside the United Kingdom, and
(b) whichever of the following statements is applicable—
(i) a statement that the interception subject appears to be outside the United Kingdom;
(ii) a statement that the interception authorised or required by the warrant is to take place in relation only to premises outside the United Kingdom.
(6) Subsection (7) applies in a case where—
(a) a relevant mutual assistance warrant—
(i) was issued containing the statement set out in subsection (3)(b)(i), or
(ii) has been renewed by an instrument containing the statement set out in subsection (5)(b)(i), and
(b) the last renewal (if any) of the warrant was a renewal by a senior official in accordance with subsection (4).
(7) If the Secretary of State, or a senior official acting on behalf of the Secretary of State, believes that the person, group or organisation named or described in the warrant as the interception subject is in the United Kingdom, that person must cancel the warrant under section 39.
(8) In this section—
“the interception subject”, in relation to a warrant, means the person, group of persons or organisation to which the warrant relates;
“senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty's Diplomatic Service.
(1) This section applies to targeted interception warrants and mutual assistance warrants.
(2) In giving effect to a warrant to which this section applies, the person to whom it is addressed (“the intercepting authority”) may (in addition to acting alone) act through, or together with, such other persons as the intercepting authority may require (whether under subsection (3) or otherwise) to provide the authority with assistance in giving effect to the warrant.
(3) For the purpose of requiring any person to provide assistance in relation to a warrant to which this section applies, the intercepting authority may—
(a) serve a copy of the warrant on any person who the intercepting authority considers may be able to provide such assistance, or
(b) make arrangements for the service of a copy of the warrant on any such person.
(4) A copy of a warrant may be served under subsection (3) on a person outside the United Kingdom for the purpose of requiring the person to provide such assistance in the form of conduct outside the United Kingdom.
(5) For the purposes of this Act, the provision of assistance in giving effect to a warrant to which this section applies includes any disclosure to the intercepting authority, or to persons acting on behalf of the intercepting authority, of anything obtained under the warrant.
(6) References in this section and sections 42 and 43 to the service of a copy of a warrant include—
(a) the service of a copy of one or more schedules contained in the warrant with the omission of the remainder of the warrant, and
(b) the service of a copy of the warrant with the omission of any schedule contained in the warrant.
(1) This section applies to the service of warrants under section 41(3).
(2) A copy of the warrant must be served in such a way as to bring the contents of the warrant to the attention of the person who the intercepting authority considers may be able to provide assistance in relation to it.
(3) A copy of a warrant may be served on a person outside the United Kingdom in any of the following ways (as well as by electronic or other means of service)—
(a) by serving it at the person's principal office within the United Kingdom or, if the person has no such office in the United Kingdom, at 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 service of documents of the same description as a copy of a warrant, by serving it at that address;
(c) by making it available for inspection (whether to the person or to someone acting on the person's behalf) at a place in the United Kingdom (but this is subject to subsection (4)).
(4) A copy of a warrant may be served on a person outside the United Kingdom in the way mentioned in subsection (3)(c) only if—
(a) it is not reasonably practicable for a copy to be served by any other means (whether as mentioned in subsection (3)(a) or (b) or otherwise), and
(b) the intercepting authority takes such steps as the authority considers appropriate for the purpose of bringing the contents of the warrant, and the availability of a copy for inspection, to the attention of the person.
(5) The steps mentioned in subsection (4)(b) must be taken as soon as reasonably practicable after the copy of the warrant is made available for inspection.
(6) In this section “the intercepting authority” has the same meaning as in section 41.
43 Duty of operators to assist with implementation
(1) A relevant operator that has been served with a copy of a warrant to which section 41 applies by (or on behalf of) the intercepting authority must take all steps for giving effect to the warrant that are notified to the relevant operator by (or on behalf of) the intercepting authority.
This is subject to subsection (4).
(2) In this section—
“relevant operator” means a postal operator or a telecommunications operator;
“the intercepting authority” has the same meaning as in section 41.
(3) Subsection (1) applies whether or not the relevant operator is in the United Kingdom.
(4) The relevant operator is not required to take any steps which it is not reasonably practicable for the relevant operator to take.
(5) In determining for the purposes of subsection (4) whether it is reasonably practicable for a relevant operator outside the United Kingdom to take any steps in a country or territory outside the United Kingdom for giving effect to a warrant, 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 give effect to the warrant in a way that does not breach any of those requirements or restrictions.
(6) Where obligations have been imposed on a relevant operator (“P”) under section 253 (technical capability notices), for the purposes of subsection (4) the steps which it is reasonably practicable for P to take include every step which it would have been reasonably practicable for P to take if P had complied with all of those obligations.
(7) A person who knowingly fails to comply with subsection (1) is guilty of an offence and 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.
(8) The duty imposed by subsection (1) 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.
44 Interception with the consent of the sender or recipient
(1) The interception of a communication is authorised by this section if the sender and the intended recipient of the communication have each consented to its interception.
(2) The interception of a communication is authorised by this section if—
(a) the communication is one sent by, or intended for, a person who has consented to the interception, and
(b) surveillance by means of that interception has been authorised under—
(i) Part 2 of the Regulation of Investigatory Powers Act 2000, or
(ii) the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11).
45 Interception by providers of postal or telecommunications services
(1) The interception of a communication is authorised by this section if the interception is carried out—
(a) by, or on behalf of, a person who provides a postal service or a telecommunications service, and
(b) for any of the purposes in subsection (2).
(2) The purposes referred to in subsection (1) are—
(a) purposes relating to the provision or operation of the service;
(b) purposes relating to the enforcement, in relation to the service, of any enactment relating to—
(i) the use of postal or telecommunications services, or
(ii) the content of communications transmitted by means of such services;
(c) purposes relating to the provision of services or facilities aimed at preventing or restricting the viewing or publication of the content of communications transmitted by means of postal or telecommunications services.
(3) A reference in this section to anything carried out for purposes relating to the provision or operation of a telecommunications service includes, among other things, a reference to anything done for the purposes of identifying, combating or preventing anything which could affect—
(a) any telecommunication system by means of which the service is provided, or
(b) any apparatus attached to such a system.
46 Interception by businesses etc. for monitoring and record-keeping purposes
(1) Conduct is authorised by this section if it is authorised by regulations made under subsection (2).
(2) The Secretary of State may by regulations authorise conduct of a description specified in the regulations if that conduct appears to the Secretary of State to constitute a legitimate practice reasonably required for the purpose, in connection with the carrying on of any relevant activities (see subsection (4)), of monitoring or keeping a record of—
(a) communications by means of which transactions are entered into in the course of the relevant activities, or
(b) other communications relating to the relevant activities or taking place in the course of the carrying on of those activities.
(3) But nothing in any regulations under subsection (2) may authorise the interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the relevant activities for use (whether wholly or partly) in connection with those activities.
(4) In this section “relevant activities” means—
(a) any business,
(b) any activities of a government department, the Welsh Government, a Northern Ireland department or any part of the Scottish Administration,
(c) any activities of a public authority, and
(d) any activities of any person or office holder on whom functions are conferred by or under any enactment.
47 Postal services: interception for enforcement purposes
(1) The interception of a communication in the course of its transmission by means of a public postal service is authorised by this section if it is carried out by an officer of Revenue and Customs under section 159 of the Customs and Excise Management Act 1979, as applied by virtue of—
(a) section 105 of the Postal Services Act 2000 (power to open postal items etc.), or
(b) that section and another enactment.
(2) The interception of a communication in the course of its transmission by means of a public postal service is authorised by this section if it is carried out under paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls) or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) .
48 Interception by OFCOM in connection with wireless telegraphy
(1) Conduct falling within subsection (2) is authorised by this section if it is carried out by OFCOM for purposes connected with a relevant matter (see subsection (3)).
(2) The conduct referred to in subsection (1) is—
(a) the interception of a communication in the course of its transmission by means of a telecommunication system;
(b) the obtaining, by or in connection with the interception, of information about the sender or recipient, or intended recipient, of the communication (whether or not a person);
(c) the disclosure of anything obtained by conduct falling within paragraph (a) or (b).
(3) Each of the following is a relevant matter for the purposes of subsection (1)—
(a) the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006 (“the 2006 Act”);
(b) the prevention or detection of anything which constitutes interference with wireless telegraphy;
(c) the enforcement of—
(i) any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of the 2006 Act, or
(ii) any enactment not falling within sub-paragraph (i) that relates to interference with wireless telegraphy.
(4) In this section—
“interference”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 2006 (see section 115(3) of that Act);
“OFCOM” means the Office of Communications established by section 1 of the Office of Communications Act 2002;
“wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006 (see section 116 of that Act).
(1) Conduct taking place in a prison is authorised by this section if it is conduct in exercise of any power conferred by or under prison rules.
(2) In this section “prison rules” means any rules made under—
(a) section 47 of the Prison Act 1952,
(b) section 39 of the Prisons (Scotland) Act 1989, or
(c) section 13 of the Prison Act (Northern Ireland) 1953.
(3) In this section “prison” means—
(a) any prison, young offender institution, young offenders centre, secure training centre, secure college or remand centre which—
(i) is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952, or
(ii) is under the general superintendence of, or is provided by, the Department of Justice in Northern Ireland under the Prison Act (Northern Ireland) 1953, or
(b) any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989,
and includes any contracted out prison, within the meaning of Part 4 of the Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and Public Order Act 1994, and any legalised police cells within the meaning of section 14 of the Prisons (Scotland) Act 1989.
(1) Conduct is authorised by this section if—
(a) it takes place in any hospital premises where high security psychiatric services are provided, and
(b) it is conduct in pursuance of, and in accordance with, any relevant direction given to the body providing those services at those premises.
(2) “Relevant direction” means—
(a) a direction under section 4(3A)(a) of the National Health Service Act 2006, or
(b) a direction under section 19 or 23 of the National Health Service (Wales) Act 2006.
(3) Conduct is authorised by this section if—
(a) it takes place in a state hospital, and
(b) it is conduct in pursuance of, and in accordance with, any direction given to the State Hospitals Board for Scotland under section 2(5) of the National Health Service (Scotland) Act 1978 (regulations and directions as to the exercise of their functions by health boards).
The reference to section 2(5) of that Act is to that provision as applied by Article 5(1) of, and the Schedule to, the State Hospitals Board for Scotland Order 1995 (which applies certain provisions of that Act to the State Hospitals Board).
(4) Conduct is authorised by this section if it is conduct in exercise of any power conferred by or under—
(a) section 281 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (2003 asp 13) (power to withhold correspondence of certain persons detained in hospital), or
(b) section 284 of that Act (powers relating to the use of telephones by certain persons detained in hospital).
(5) In this section—
“high security psychiatric services” has the same meaning as in section 4 of the National Health Service Act 2006;
“hospital premises” has the same meaning as in section 4(3) of that Act;
“state hospital” has the same meaning as in the National Health Service (Scotland) Act 1978.
51 Interception in immigration detention facilities
(1) Conduct taking place in immigration detention facilities is authorised by this section if it is conduct in exercise of any power conferred by or under relevant rules.
(2) In this section—
“immigration detention facilities” means any removal centre, short-term holding facility or pre-departure accommodation;
“removal centre”, “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
“relevant rules” means—
in the case of a removal centre, rules made under section 153 of that Act;
in the case of a short-term holding facility, rules made under, or having effect by virtue of, section 157 of that Act;
in the case of pre-departure accommodation, rules made under, or having effect by virtue of, section 157A of that Act.
52 Interception in accordance with overseas requests
(1) The interception of a communication in the course of its transmission by means of a telecommunication system is authorised by this section if conditions A to D are met.
(2) Condition A is that the interception—
(a) is carried out by or on behalf of a telecommunications operator, and
(b) relates to the use of a telecommunications service provided by the telecommunications operator.
(3) Condition B is that the interception is carried out in response to a request made in accordance with a relevant international agreement by the competent authorities of a country or territory outside the United Kingdom.
In this subsection “relevant international agreement” means an international agreement to which the United Kingdom is a party and which is designated as a relevant international agreement by regulations made by the Secretary of State (see further subsections (6) and (7)).
(4) Condition C is that the interception is carried out for the purpose of obtaining information about the communications of an individual—
(a) who is outside the United Kingdom, or
(b) who each of the following persons believes is outside the United Kingdom—
(i) the person making the request;
(ii) the person carrying out the interception.
(5) Condition D is that any further conditions specified in regulations made by the Secretary of State for the purposes of this section are met.
(6) Subsection (7) applies where an international agreement provides for requests for the interception of a communication to be made by the competent authorities of a country or territory, or of more than one country or territory, in which a person found guilty of a criminal offence may be sentenced to death for the offence under the general criminal law of the country or territory concerned.
Such an offence is referred to in subsection (7) as a “death penalty offence”.
(7) Where this subsection applies, the Secretary of State may not designate the agreement as a relevant international agreement unless the Secretary of State has sought, in respect of each country or territory referred to in subsection (6), a written assurance, or written assurances, relating to the non-use of information obtained by virtue of the agreement in connection with proceedings for a death penalty offence in the country or territory.
53 Safeguards relating to retention and disclosure of material
(1) The issuing authority must ensure, in relation to every targeted interception warrant or mutual assistance warrant issued by that authority, that arrangements are in force for securing that the requirements of subsections (2) and (5) are met in relation to the material obtained under the warrant.
This is subject to subsection (9).
(2) The requirements of this subsection are met in relation to the material obtained under a warrant if each of the following is limited to the minimum that is necessary for the authorised purposes (see subsection (3))—
(a) the number of persons to whom any of the material is disclosed or otherwise made available;
(b) the extent to which any of the material is disclosed or otherwise made available;
(c) the extent to which any of the material is copied;
(d) the number of copies that are made.
(3) For the purposes of this section something is necessary for the authorised purposes if, and only if—
(a) it is, or is likely to become, necessary on any of the grounds falling within section 20 on which a warrant under Chapter 1 of this Part may be necessary,
(b) it is necessary for facilitating the carrying out of any functions under this Act of the Secretary of State, the Scottish Ministers or the person to whom the warrant is or was addressed,
(c) it is necessary for facilitating the carrying out of any functions of the Judicial Commissioners or the Investigatory Powers Tribunal under or in relation to this Act,
(d) it is necessary to ensure that a person (“P”) who is conducting a criminal prosecution has the information P needs to determine what is required of P by P's duty to secure the fairness of the prosecution, or
(e) it is necessary for the performance of any duty imposed on any person by the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.
(4) The arrangements for the time being in force under this section for securing that the requirements of subsection (2) are met in relation to the material obtained under the warrant must include arrangements for securing that every copy made of any of that material is stored, for so long as it is retained, in a secure manner.
(5) The requirements of this subsection are met in relation to the material obtained under a warrant if every copy made of any of that material (if not destroyed earlier) is destroyed as soon as there are no longer any relevant grounds for retaining it (see subsection (6)).
(6) For the purposes of subsection (5), there are no longer any relevant grounds for retaining a copy of any material if, and only if—
(a) its retention is not necessary, or not likely to become necessary, on any of the grounds falling within section 20 on which a warrant under Chapter 1 of this Part may be necessary, and
(b) its retention is not necessary for any of the purposes mentioned in paragraphs (b) to (e) of subsection (3) above.
(7) Where—
(a) a communication which has been intercepted in accordance with a targeted interception warrant or mutual assistance warrant is retained, following its examination, for purposes other than the destruction of the communication, and
(b) it is a communication that contains confidential journalistic material or identifies a source of journalistic information,
the person to whom the warrant is addressed must inform the Investigatory Powers Commissioner as soon as is reasonably practicable.
(8) Subsection (9) applies if—
(a) any material obtained under the warrant has been handed over to any overseas authorities, or
(b) a copy of any such material has been given to any overseas authorities.
(9) To the extent that the requirements of subsections (2) and (5) relate to any of the material mentioned in subsection (8)(a), or to the copy mentioned in subsection (8)(b), the arrangements made for the purposes of this section are not required to secure that those requirements are met (see instead section 54).
(10) In this section—
“copy”, in relation to material obtained under a warrant, means any of the following (whether or not in documentary form)—
any copy, extract or summary of the material which identifies the material as having been obtained under the warrant, and
any record which—
refers to any interception or to the obtaining of any material, and
is a record of the identities of the persons to or by whom the material was sent, or to whom the material relates,
and “copied” is to be read accordingly;
“the issuing authority” means—
the Secretary of State, in the case of warrants issued by the Secretary of State;
the Scottish Ministers, in the case of warrants issued by the Scottish Ministers;
“overseas authorities” means authorities of a country or territory outside the United Kingdom.
54 Safeguards relating to disclosure of material overseas
(1) The issuing authority must ensure, in relation to every targeted interception warrant or mutual assistance warrant issued by that authority, that arrangements are in force for securing that—
(a) any material obtained under the warrant is handed over to overseas authorities only if the requirements of subsection (2) are met, and
(b) copies of any such material are given to overseas authorities only if those requirements are met.
(2) The requirements of this subsection are met in the case of a warrant if it appears to the issuing authority—
(a) that requirements corresponding to the requirements of section 53(2) and (5) will apply, to such extent (if any) as the issuing authority considers appropriate, in relation to any of the material which is handed over, or any copy of which is given, to the authorities in question, and
(b) that restrictions are in force which would prevent, to such extent (if any) as the issuing authority considers appropriate, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in a prohibited disclosure.
(3) In subsection (2)(b) “prohibited disclosure” means a disclosure which, if made in the United Kingdom, would breach the prohibition in section 56(1).
(4) In this section—
“copy” has the same meaning as in section 53;
“the issuing authority” means—
the Secretary of State, in the case of warrants issued by the Secretary of State;
the Scottish Ministers, in the case of warrants issued by the Scottish Ministers;
“overseas authorities” means authorities of a country or territory outside the United Kingdom.
55 Additional safeguards for items subject to legal privilege
(1) This section applies where an item subject to legal privilege which has been intercepted in accordance with a targeted interception warrant or mutual assistance warrant is retained, following its examination, for purposes other than the destruction of the item.
(2) The person to whom the warrant is addressed must inform the Investigatory Powers Commissioner of the retention of the item as soon as is reasonably practicable.
(3) Unless the Investigatory Powers Commissioner considers that subsection (5) applies to the item, the Commissioner must—
(a) direct that the item is destroyed, or
(b) impose one or more conditions as to the use or retention of that item.
(4) If the Investigatory Powers Commissioner considers that subsection (5) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (3)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
(5) This subsection applies to an item subject to legal privilege if—
(a) the public interest in retaining the item outweighs the public interest in the confidentiality of items subject to legal privilege, and
(b) retaining the item is necessary in the interests of national security or for the purpose of preventing death or significant injury.
(6) The Investigatory Powers Commissioner—
(a) may require an affected party to make representations about how the Commissioner should exercise any function under subsection (3), 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)).
(7) Each of the following is an “affected party” for the purposes of subsection (6)—
(a) the person who decided to issue the warrant;
(b) the person to whom the warrant is or was addressed.
56 Exclusion of matters from legal proceedings etc.
(1) No evidence may be adduced, question asked, assertion or disclosure made or other thing done in, for the purposes of or in connection with any legal proceedings or Inquiries Act proceedings which (in any manner)—
(a) discloses, in circumstances from which its origin in interception-related conduct may be inferred—
(i) any content of an intercepted communication, or
(ii) any secondary data obtained from a communication, or
(b) tends to suggest that any interception-related conduct has or may have occurred or may be going to occur.
This is subject to Schedule 3 (exceptions).
(2) “Interception-related conduct” means—
(a) conduct by a person within subsection (3) that is, or in the absence of any lawful authority would be, an offence under section 3(1) (offence of unlawful interception);
(b) a breach of the prohibition imposed by section 9 (restriction on requesting interception by overseas authorities);
(c) a breach of the prohibition imposed by section 10 (restriction on requesting assistance under mutual assistance agreements etc.);
(d) the making of an application by any person for a warrant, or the issue of a warrant, under Chapter 1 of this Part;
(e) the imposition of any requirement on any person to provide assistance in giving effect to a targeted interception warrant or mutual assistance warrant.
(3) The persons referred to in subsection (2)(a) are—
(a) any person who is an intercepting authority (see section 18);
(b) any person holding office under the Crown;
(c) any person deemed to be the proper officer of Revenue and Customs by virtue of section 8(2) of the Customs and Excise Management Act 1979;
(d) any person employed by, or for the purposes of, a police force or the tri-service serious crime unit;
(e) any postal operator or telecommunications operator;
(f) any person employed or engaged for the purposes of the business of a postal operator or telecommunications operator.
(4) Any reference in subsection (1) to interception-related conduct also includes any conduct taking place before the coming into force of this section and consisting of—
(a) conduct by a person within subsection (3) that—
(i) was an offence under section 1(1) or (2) of the Regulation of Investigatory Powers Act 2000 (“RIPA”), or
(ii) would have been such an offence in the absence of any lawful authority (within the meaning of section 1(5) of RIPA);
(b) conduct by a person within subsection (3) that—
(i) was an offence under section 1 of the Interception of Communications Act 1985, or
(ii) would have been such an offence in the absence of subsections (2) and (3) of that section;
(c) a breach by the Secretary of State of the duty under section 1(4) of RIPA (restriction on requesting assistance under mutual assistance agreements);
(d) the making of an application by any person for a warrant, or the issue of a warrant, under—
(i) Chapter 1 of Part 1 of RIPA, or
(ii) the Interception of Communications Act 1985;
(e) the imposition of any requirement on any person to provide assistance in giving effect to a warrant under Chapter 1 of Part 1 of RIPA.
(5) In this section—
“Inquiries Act proceedings” means proceedings of an inquiry under the Inquiries Act 2005;
“intercepted communication” means any communication intercepted in the course of its transmission by means of a postal service or telecommunication system.
(1) A person to whom this section applies must not make an unauthorised disclosure to another person.
(2) A person makes an unauthorised disclosure for the purposes of this section if—
(a) the person discloses any of the matters within subsection (4) in relation to—
(i) a warrant under Chapter 1 of this Part, or
(ii) a warrant under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000, and
(b) the disclosure is not an excepted disclosure (see section 58).
(3) This section applies to the following persons—
(a) any person who is an intercepting authority (see section 18);
(b) any person holding office under the Crown;
(c) any person employed by, or for the purposes of, a police force or the tri-service serious crime unit;
(d) any postal operator or telecommunications operator;
(e) any person employed or engaged for the purposes of the business of a postal operator or telecommunications operator;
(f) any person to whom any of the matters within subsection (4) have been disclosed in relation to a warrant mentioned in subsection (2)(a).
(4) The matters referred to in subsection (2)(a) are—
(a) the existence or contents of the warrant;
(b) the details of the issue of the warrant or of any renewal or modification of the warrant;
(c) the existence or contents of any requirement to provide assistance in giving effect to the warrant;
(d) the steps taken in pursuance of the warrant or of any such requirement;
(e) any of the material obtained under the warrant.
(1) For the purposes of section 57 a disclosure made in relation to a warrant is an “excepted disclosure” if it falls within any of the Heads set out in—
(a) subsection (2) (disclosures authorised by warrant etc.);
(b) subsection (4) (oversight bodies);
(c) subsection (5) (legal advisers);
(d) subsection (8) (disclosures of a general nature).
(2) Head 1 is—
(a) a disclosure authorised by the warrant;
(b) a disclosure authorised by the person to whom the warrant is or was addressed or under any arrangements made by that person for the purposes of this section;
(c) a disclosure authorised by the terms of any requirement to provide assistance in giving effect to the warrant (including any requirement for disclosure imposed by virtue of section 41(5) or, in the case of a warrant under Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000 (“RIPA”), section 11(9) of RIPA).
(3) But subsection (2)(b) does not apply in the case of a mutual assistance warrant that is or was addressed to a person falling within section 18(1)(h) (competent authorities of overseas countries or territories).
(4) Head 2 is—
(a) in the case of a warrant under Chapter 1 of this Part, a disclosure made to, or authorised by, a Judicial Commissioner;
(b) in the case of a warrant under Chapter 1 of Part 1 of RIPA, a disclosure made to, or authorised by, the Interception of Communications Commissioner or a Judicial Commissioner;
(c) a disclosure made to the Director General of the Independent Office for Police Conduct for the purposes of facilitating the carrying out of any of the Director General’s functions;
(ca) a disclosure made to the Service Police Complaints Commissioner for the purposes of facilitating the carrying out of any of the Commissioner’s functions;
(d) a disclosure made to the Intelligence and Security Committee of Parliament for the purposes of facilitating the carrying out of any of its functions.
(e) a disclosure made to the Independent Commission for Reconciliation and Information Recovery for the purpose of facilitating the carrying out of any of the functions of the Independent Commission for Reconciliation and Information Recovery.
(5) Head 3 is—
(a) a disclosure made by a legal adviser—
(i) in contemplation of, or in connection with, any legal proceedings, and
(ii) for the purposes of those proceedings;
(b) a disclosure made—
(i) by a professional legal adviser (“L”) to L's client or a representative of L's client, or
(ii) by L's client, or by a representative of L's client, to L,
in connection with the giving, by L to L's client, of advice about the effect of the relevant provisions (see subsection (7)).
(6) But a disclosure within Head 3 is not an excepted disclosure if it is made with the intention of furthering a criminal purpose.
(7) In subsection (5)(b) “the relevant provisions” means—
(a) in the case of a warrant under Chapter 1 of this Part, the provisions of this Part;
(b) in the case of a warrant under Chapter 1 of Part 1 of RIPA, the provisions of that Chapter.
(8) Head 4 is—
(a) a disclosure that—
(i) is made by a postal operator or a telecommunications operator in accordance with a requirement imposed by regulations made by the Secretary of State, and
(ii) consists of statistical information of a description specified in the regulations;
(b) a disclosure of information that does not relate to any particular warrant under Chapter 1 of this Part or under Chapter 1 of Part 1 of RIPA but relates to any such warrants in general.
(9) Nothing in this section affects the operation of section 56 (which, among other things, prohibits the making of certain disclosures in, for the purposes of or in connection with legal proceedings).
(1) A person who fails to comply with section 57(1) commits an offence.
(2) A person who is 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 5 years or to a fine, or to both.
(3) In proceedings against any person for an offence under this section in respect of any disclosure, it is a defence for the person to show that the person could not reasonably have been expected, after first becoming aware of the matter disclosed, to take steps to prevent the disclosure.
(1) In this Part—
...
“intercepting authority” is to be read in accordance with section 18;
“international mutual assistance agreement” has the meaning given by section 10(3);
“mutual assistance warrant” has the meaning given by section 15(4);
“police force” means any of the following—
any police force maintained under section 2 of the Police Act 1996;
the metropolitan police force;
the City of London police force;
the Police Service of Scotland;
the Police Service of Northern Ireland;
the Ministry of Defence Police;
the Royal Navy Police;
the Royal Military Police;
the Royal Air Force Police;
the British Transport Police Force;
“relevant content”, in relation to a targeted examination warrant, has the meaning given by section 15(3);
“relevant Scottish application” has the meaning given by section 22;
“secondary data” has the meaning given by section 16, and references to obtaining secondary data from a communication are to be read in accordance with that section;
“targeted examination warrant” has the meaning given by section 15(3).
(2) In this Part references to a member of a police force, in relation to the Royal Navy Police, the Royal Military Police or the Royal Air Force Police, do not include any member of that force who is not for the time being attached to, or serving with, that force or another of those police forces.
(3) See also—
section 261 (telecommunications definitions),
section 262 (postal definitions),
section 263 (general definitions),
section 264 (general definitions: “journalistic material” etc.),
section 265 (index of defined expressions).
60A Power of Investigatory Powers Commissioner to grant authorisations
(1) Subsection (2) applies if the Investigatory Powers Commissioner, on an application made by a relevant public authority, considers—
(a) that it is necessary for the relevant public authority to obtain communications data for a purpose falling within subsection (7),
(b) that it is necessary for the relevant public authority to obtain the data—
(i) for the purposes of a specific investigation or a specific operation, or
(ii) for the purposes of testing, maintaining or developing equipment, systems or other capabilities relating to the availability or obtaining of communications data, and
(c) that the conduct authorised by the authorisation is proportionate to what is sought to be achieved.
(2) The Investigatory Powers Commissioner may authorise the relevant public authority to engage in any conduct which—
(a) is for the purpose of obtaining the data from any person, and
(b) relates to—
(i) a telecommunication system, or
(ii) data derived from a telecommunication system.
(3) Subsections (1) and (2) are subject to—
(a) section 62 (restrictions in relation to internet connection records),
(b) sections 70, 73 and 75 and Schedule 4 (restrictions relating to certain relevant public authorities),
(c) section 76 (requirement to consult a single point of contact), and
(d) section 77 (Commissioner approval for authorisations to identify or confirm journalistic sources).
(4) Authorised conduct may, in particular, consist of the relevant public authority—
(a) obtaining the communications data itself from any person or telecommunication system,
(b) asking any person whom the relevant public authority believes is, or may be, in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the person’s possession or subsequently obtained by that person) to the relevant public authority, or
(c) requiring by notice a telecommunications operator whom the relevant public authority believes is, or may be, in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the operator’s possession or subsequently obtained by the operator) to the relevant public authority.
(5) An authorisation—
(a) may relate to data whether or not in existence at the time of the authorisation,
(b) may authorise the obtaining or disclosure of data by a person other than the relevant public authority, or any other conduct by such a person, which enables or facilitates the obtaining of the communications data concerned, and
(c) may, in particular, require a telecommunications operator who controls or provides a telecommunications system to obtain or disclose data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system.
(6) An authorisation may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system.
(7) It is necessary to obtain communications data for a purpose falling within this subsection if it is necessary to obtain the data—
(a) in the interests of national security,
(b) for the applicable crime purpose (see subsection (8)),
(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,
(d) in the interests of public safety,
(e) 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,
(f) to assist investigations into alleged miscarriages of justice, or
(g) where a person (“P”) has died or is unable to identify themselves because of a physical or mental condition—
(i) to assist in identifying P, or
(ii) to obtain information about P’s next of kin or other persons connected with P or about the reasons for P’s death or condition.
(8) In subsection (7)(b), “the applicable crime purpose” means—
(a) where the communications data is wholly or partly events data, the purpose of preventing or detecting serious crime;
(b) in any other case, the purpose of preventing or detecting crime or of preventing disorder.
(9) The fact that the communications data which would be obtained in pursuance of an authorisation relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that it is necessary to obtain the data for a purpose falling within subsection (7).
(10) See—
(a) sections 70 and 73 for the meaning of “relevant public authority”;
(b) section 84 for the way in which this Part applies to postal operators and postal services;
(c) section 86(2A) for the meaning of “serious crime”.
61 Power of designated senior officers to grant authorisations
(1) Subsection (2) applies if a designated senior officer of a relevant public authority considers—
(a) that it is necessary to obtain communications data for a purpose falling within subsection (7),
(b) that it is necessary to obtain the data—
(i) for the purposes of a specific investigation or a specific operation, or
(ii) for the purposes of testing, maintaining or developing equipment, systems or other capabilities relating to the availability or obtaining of communications data, and
(c) that the conduct authorised by the authorisation is proportionate to what is sought to be achieved.
(2) The designated senior officer may authorise any officer of the authority to engage in any conduct which—
(a) is for the purpose of obtaining the data from any person, and
(b) relates to—
(i) a telecommunication system, or
(ii) data derived from a telecommunication system.
(3) Subsections (1) and (2) are subject to—
(a) section 62 (restrictions in relation to internet connection records),
(b) section 63 (additional restrictions on grant of authorisations),
(c) sections 70 , 73 and 75 and Schedule 4 (restrictions relating to certain relevant public authorities),
(d) section 76 (requirement to consult a single point of contact), and
(e) section 77 (Commissioner approval for authorisations to identify or confirm journalistic sources).
(4) Authorised conduct may, in particular, consist of an authorised officer—
(a) obtaining the communications data themselves from any person or telecommunication system,
(b) asking any person whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the person's possession or subsequently obtained by that person) to a person identified by, or in accordance with, the authorisation, or
(c) requiring by notice a telecommunications operator whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the operator's possession or subsequently obtained by the operator) to a person identified by, or in accordance with, the authorisation.
(5) An authorisation—
(a) may relate to data whether or not in existence at the time of the authorisation,
(b) may authorise the obtaining or disclosure of data by a person who is not an authorised officer, or any other conduct by such a person, which enables or facilitates the obtaining of the communications data concerned, and
(c) may, in particular, require a telecommunications operator who controls or provides a telecommunication system to obtain or disclose data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system.
(6) An authorisation—
(a) may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system, and
(b) may not authorise an authorised officer to ask or require, in the circumstances mentioned in subsection (4)(b) or (c), a person to disclose the data to any person other than—
(i) an authorised officer, or
(ii) an officer of the same relevant public authority as an authorised officer.
(7) It is necessary to obtain communications data for a purpose falling within this subsection if it is necessary to obtain the data—
(a) in the interests of national security,
(b) for the applicable crime purpose (see subsection (7A)), 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,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7A) In subsection (7)(b), “the applicable crime purpose” means—
(a) where the communications data is wholly or partly events data, the purpose of preventing or detecting serious crime;
(b) in any other case, the purpose of preventing or detecting crime or of preventing disorder.
(8) The fact that the communications data which would be obtained in pursuance of an authorisation relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that it is necessary to obtain the data for a purpose falling within subsection (7).
(9) See—
(a) sections 70 and 73 for the meanings of “designated senior officer” and “relevant public authority”;
(b) section 84 for the way in which this Part applies to postal operators and postal services.
(c) section 86(2A) for the meaning of “serious crime”.
61A Power of designated senior officers to grant authorisations: urgent cases
(1) Subsection (2) applies if a designated senior officer of a relevant public authority considers—
(a) that it is necessary to obtain communications data for a purpose falling within subsection (7),
(b) that it is necessary to obtain the data for the purposes of a specific investigation or a specific operation,
(c) that there is an urgent need to obtain the data, and
(d) that the conduct authorised by the authorisation is proportionate to what is sought to be achieved.
(2) The designated senior officer may authorise any officer of the relevant public authority to engage in any conduct which—
(a) is for the purpose of obtaining the data from any person, and
(b) relates to—
(i) a telecommunication system, or
(ii) data derived from a telecommunication system.
(3) Subsections (1) and (2) are subject to—
(a) section 62 (restrictions in relation to internet connection records),
(b) sections 70, 73 and 75 and Schedule 4 (restrictions relating to certain relevant public authorities),
(d) section 76 (requirement to consult a single point of contact), and
(e) section 77 (Commissioner approval for authorisations to identify or confirm journalistic sources).
(4) Authorised conduct may, in particular, consist of an authorised officer—
(a) obtaining the communications data themselves from any person or telecommunication system,
(b) asking any person whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the person’s possession or subsequently obtained by that person) to a person identified by, or in accordance with, the authorisation, or
(c) requiring by notice a telecommunications operator whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the operator’s possession or subsequently obtained by the operator) to a person identified by, or in accordance with, the authorisation.
(5) An authorisation—
(a) may relate to data whether or not in existence at the time of the authorisation,
(b) may authorise the obtaining or disclosure of data by a person who is not an authorised officer, or any other conduct by such a person, which enables or facilitates the obtaining of the communications data concerned, and
(c) may, in particular, require a telecommunications operator who controls or provides a telecommunications system to obtain or disclose data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system.
(6) An authorisation—
(a) may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system, and
(b) may not authorise an authorised officer to ask or require, in the circumstances mentioned in subsection (4)(b) or (c), a person to disclose the data to any person other than—
(i) an authorised officer, or
(ii) an officer of the same relevant public authority as an authorised officer.
(7) It is necessary to obtain communications data for a purpose falling within this subsection if it is necessary to obtain the data—
(a) for the applicable crime purpose (see subsection (8)),
(b) in the interests of public safety,
(c) 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,
(d) to assist investigations into alleged miscarriages of justice, or
(e) where a person (“P”) has died or is unable to identify themselves because of a physical or mental condition—
(i) to assist in identifying P, or
(ii) to obtain information about P’s next of kin or other persons connected with P or about the reasons for P’s death or condition.
(8) In subsection (7)(a), “the applicable crime purpose” means—
(a) where the communications data is wholly or partly events data, the purpose of preventing or detecting serious crime;
(b) in any other case, the purpose of preventing or detecting crime or of preventing disorder.
(9) The fact that the communications data which would be obtained in pursuance of an authorisation relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that it is necessary to obtain the data for a purpose falling within subsection (7).
(10) See—
(a) sections 70 and 73 for the meanings of “designated senior officer” and “relevant public authority”;
(b) section 84 for the way in which this Part applies to postal operators and postal services;
(c) section 86(2A) for the meaning of “serious crime”.
62 Restrictions in relation to internet connection records
(A1) The Investigatory Powers Commissioner may not, on the application of a local authority, grant an authorisation under section 60A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record.
(A2) The Investigatory Powers Commissioner may not, on the application of a relevant public authority which is not a local authority, grant an authorisation under section 60A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record unless condition A, B , C or D1 is met.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A designated senior officer of a relevant public authority which is not a local authority may not grant an authorisation under section 61 or 61A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record unless condition A, B , C or D2 is met.
(3) Condition A is that the person with power to grant the authorisation considers that it is necessary, for a purpose falling within section 60A(7), 61(7) or 61A(7) (as applicable), to obtain the data to identify which person or apparatus is using an internet service where—
(a) the service and time of use are already known, but
(b) the identity of the person or apparatus using the service is not known.
(4) Condition B is that—
(a) the purpose for which the data is to be obtained falls within section 60A(7), 61(7) or 61A(7) (as applicable) but is not the purpose of preventing or detecting serious crime mentioned in section 60A(8)(a), 61(7A)(a) or 61A(8)(a) or the purpose of preventing or detecting crime mentioned in section 60A(8)(b), 61(7A)(b) or 61A(8)(b), and
(b) the person with power to grant the authorisation considers that it is necessary to obtain the data to identify—
(i) which internet communications service is being used, and when and how it is being used, by a person or apparatus whose identity is already known,
(ii) where or when a person or apparatus whose identity is already known is obtaining access to, or running, a computer file or computer program which wholly or mainly involves making available, or acquiring, material whose possession is a crime, or
(iii) which internet service is being used, and when and how it is being used, by a person or apparatus whose identity is already known.
(5) Condition C is that—
(a) either—
(i) the purpose for which the data is to be obtained is the purpose of preventing or detecting serious crime mentioned in section 60A(8)(a), 61(7A)(a) or 61A(8)(a), or
(ii) the purpose for which the data is to be obtained is the purpose of preventing or detecting crime mentioned in section 60A(8)(b), 61(7A)(b) or 61A(8)(b) and the crime to be prevented or detected is serious crime, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the person with power to grant the authorisation considers that it is necessary to obtain the data to identify—
(i) which internet communications service is being used, and when and how it is being used, by a person or apparatus whose identity is already known,
(ii) where or when a person or apparatus whose identity is already known is obtaining access to, or running, a computer file or computer program which wholly or mainly involves making available, or acquiring, material whose possession is a crime, or
(iii) which internet service is being used, and when and how it is being used, by a person or apparatus whose identity is already known.
(5A) Condition D1 is that—
(a) the application is made by a relevant public authority which is specified in column 1 of the table (see below), and
(b) the Investigatory Powers Commissioner considers that it is necessary, for a purpose described in the corresponding entry in column 2 of the table, to identify which persons or apparatuses are using one or more specified internet services in a specified period.
1 (applicant) | 2 (description(s) of purpose)
Security Service, Secret Intelligence Service or GCHQ | A purpose falling within subsection (7)(a) or (c) of section 60A, or falling within subsection (7)(b) of that section by virtue of subsection (8)(a) of that section.
National Crime Agency | A purpose falling within subsection (7)(b) of section 60A by virtue of subsection (8)(a) of that section.
(5B) Condition D2 is that—
(a) the relevant public authority whose designated senior officer has power to grant the authorisation is specified in column 1 of the table (see below), and
(b) that officer considers that it is necessary, for a purpose described in the corresponding entry in column 2 or 3 of the table (as applicable), to identify which persons or apparatuses are using one or more specified internet services in a specified period.
1 (relevant public authority) | 2 (description of purpose: authorisation under section 61) | 3 (description of purpose: authorisation under section 61A)
Security Service, Secret Intelligence Service or GCHQ | A purpose falling within section 61(7)(a) or (c). | A purpose falling within subsection (7)(a) of section 61A by virtue of subsection (8)(a) of that section.
National Crime Agency | A purpose falling within subsection (7)(a) of section 61A by virtue of subsection (8)(a) of that section.
(5C) In subsections (5A)(b) and (5B)(b) “specified” means specified in the application for the authorisation.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this Act “internet connection record” means communications data which—
(a) may be used to identify, or assist in identifying, a telecommunications service to which a communication is transmitted by means of a telecommunication system for the purpose of obtaining access to, or running, a computer file or computer program, and
(b) comprises data generated or processed by a telecommunications operator in the process of supplying the telecommunications service to the sender of the communication (whether or not a person).
63 Additional restrictions on grant of authorisations under section 61
(1) A designated senior officer may not grant an authorisation under section 61 for the purposes of a specific investigation or a specific operation if the officer is working on that investigation or operation.
(2) But, if the designated senior officer considers that there are exceptional circumstances which mean that subsection (1) should not apply in a particular case, that subsection does not apply in that case.
(3) Examples of exceptional circumstances include—
(a) an imminent threat to life or another emergency,
(b) the investigation or operation concerned is one where there is an exceptional need, in the interests of national security, to keep knowledge of it to a minimum, or
(c) there is an opportunity to obtain information where—
(i) the opportunity is rare,
(ii) the time to act is short, and
(iii) the need to obtain the information is significant and in the interests of national security.
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64 Procedure for authorisations and authorised notices
(1) An authorisation must specify—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) whether the authorisation has been granted by the Investigatory Powers Commissioner under section 60A or by a designated senior officer under section 61 or 61A;
(b) the matters falling within section 60A(7), 61(7) or 61A(7) (as applicable) by reference to which it is granted,
(c) the conduct that is authorised,
(d) the data or description of data to be obtained, and
(e) the persons or descriptions of persons to whom the data is to be, or may be, disclosed or how to identify such persons.
(1A) An authorisation granted by a designated senior officer under section 61 or 61A must also specify the office, rank or position held by the officer.
(2) An authorisation which authorises a person to impose requirements by notice on a telecommunications operator must also specify—
(a) the operator concerned, and
(b) the nature of the requirements that are to be imposed,
but need not specify the other contents of the notice.
(3) The notice itself—
(a) must specify—
(i) the office, rank or position held by the person giving it,
(ii) the requirements that are being imposed, and
(iii) the telecommunications operator on whom the requirements are being imposed, and
(b) must be given in writing or (if not in writing) in a manner that produces a record of its having been given.
(4) An authorisation must be applied for, and granted, in writing or (if not in writing) in a manner that produces a record of its having been applied for or granted.
65 Duration and cancellation of authorisations and notices
(1) An authorisation under section 60A or 61 ceases to have effect at the end of the period of one month beginning with the date on which it is granted.
(2) An authorisation under section 60A or 61 may be renewed at any time before the end of that period by the grant of a further authorisation.
(3) Subsection (1) has effect in relation to a renewed authorisation as if the period of one month mentioned in that subsection did not begin until the end of the period of one month applicable to the authorisation that is current at the time of the renewal.
(3A) An authorisation under section 61A ceases to have effect at the end of the period of 3 days beginning with the date on which it is granted.
(3B) Where the Investigatory Powers Commissioner has granted an authorisation under section 60A to a relevant public authority—
(a) the Investigatory Powers Commissioner or an officer of the authority may cancel it at any time, and
(b) the Investigatory Powers Commissioner or an officer of the authority must cancel it if the Commissioner or (as the case may be) the officer considers that the requirements of this Part would not be satisfied in relation to granting an equivalent new authorisation.
(4) A designated senior officer who has granted an authorisation under section 61 or 61A—
(a) may cancel it at any time, and
(b) must cancel it if the designated senior officer considers that the requirements of this Part would not be satisfied in relation to granting an equivalent new authorisation.
(5) The Secretary of State may by regulations provide for the person by whom any function under subsection (4) is to be exercised where the person who would otherwise have exercised it is no longer available to do so.
(6) Such regulations may, in particular, provide for the person by whom the function is to be exercised to be a person appointed in accordance with the regulations.
(7) A notice given in pursuance of an authorisation (and any requirement imposed by the notice)—
(a) is not affected by the authorisation subsequently ceasing to have effect under subsection (1) or (3A), but
(b) is cancelled if the authorisation is cancelled under subsection (3B) or (4).
66 Duties of telecommunications operators in relation to authorisations
(1) It is the duty of a telecommunications operator on whom a requirement is imposed by notice given in pursuance of an authorisation to comply with that requirement.
(2) It is the duty of a telecommunications operator who is obtaining or disclosing communications data, in response to a request or requirement for the data in pursuance of an authorisation, to obtain or disclose the data in a way that minimises the amount of data that needs to be processed for the purpose concerned.
(3) A person who is under a duty by virtue of subsection (1) or (2) is not required to take any steps in pursuance of that duty which it is not reasonably practicable for that person to take.
(4) For the purposes of subsection (3), where obligations have been imposed on a telecommunications operator (“P”) under section 253 (maintenance of technical capability), the steps which it is reasonably practicable for P to take include every step which it would have been reasonably practicable for P to take if P had complied with all of those obligations.
(5) The duty imposed by subsection (1) or (2) is enforceable 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.
(1) The Secretary of State may establish, maintain and operate arrangements for the purposes of—
(a) assisting a person, who is considering whether to grant an authorisation, to determine whether the requirements of this Part in relation to granting the authorisation are satisfied, or
(b) facilitating the lawful, efficient and effective obtaining of communications data from any person by relevant public authorities in pursuance of an authorisation.
(2) Arrangements under subsection (1) (“filtering arrangements”) may, in particular, involve the obtaining of communications data in pursuance of an authorisation (“the target data”) by means of—
(a) a request to the Secretary of State to obtain the target data on behalf of an authorised officer, and
(b) the Secretary of State—
(i) obtaining the target data or data from which the target data may be derived,
(ii) processing the target data or the data from which it may be derived (and retaining data temporarily for that purpose), and
(iii) disclosing the target data to the person identified for this purpose by, or in accordance with, the authorisation.
(3) Filtering arrangements may, in particular, involve the generation or use by the Secretary of State of information—
(a) for the purpose mentioned in subsection (1)(a), or
(b) for the purposes of—
(i) the support, maintenance, oversight, operation or administration of the arrangements, or
(ii) the functions of the Investigatory Powers Commissioner mentioned in subsection (4) or (5).
(4) Filtering arrangements must involve the generation and retention of such information or documents as the Investigatory Powers Commissioner considers appropriate for the purposes of the functions of the Commissioner under section 229(1) of keeping under review the exercise by public authorities of functions under this Part.
(5) The Secretary of State must consult the Investigatory Powers Commissioner about the principles on the basis of which the Secretary of State intends to establish, maintain or operate any arrangements for the purpose mentioned in subsection (1)(a).
68 Use of filtering arrangements in pursuance of an authorisation
(1) This section applies in relation to the use of the filtering arrangements in pursuance of an authorisation.
(2) The filtering arrangements may be used—
(a) to obtain and disclose communications data in pursuance of an authorisation, only if the authorisation specifically authorises the use of the arrangements to obtain and disclose the data,
(b) to process data in pursuance of an authorisation (and to retain the data temporarily for that purpose), only if the authorisation specifically authorises processing data of that description under the arrangements (and their temporary retention for that purpose).
(3) An authorisation must record the decision of the person granting the authorisation as to—
(a) whether the communications data to be obtained and disclosed in pursuance of the authorisation may be obtained and disclosed by use of the filtering arrangements,
(b) whether the processing of data under the filtering arrangements (and its temporary retention for that purpose) is authorised,
(c) if the processing of data under the filtering arrangements is authorised, the description of data that may be processed.
(4) A person must not grant an authorisation which authorises—
(a) use of the filtering arrangements, or
(b) processing under the filtering arrangements,
unless the condition in subsection (5) is met.
(5) The condition is that the person (as well as considering that the other requirements of this Part in relation to granting the authorisation are satisfied) considers that what is authorised in relation to the filtering arrangements is proportionate to what is sought to be achieved.
69 Duties in connection with operation of filtering arrangements
(1) The Secretary of State must secure—
(a) that no authorisation data is obtained or processed under the filtering arrangements except for the purposes of an authorisation,
(b) that data which—
(i) has been obtained or processed under the filtering arrangements, and
(ii) is to be disclosed in pursuance of an authorisation or for the purpose mentioned in section 67(1)(a),
is disclosed only to the person to whom the data is to be disclosed in pursuance of the authorisation or (as the case may be) to the person considering whether to grant the authorisation,
(c) that any authorisation data which is obtained under the filtering arrangements in pursuance of an authorisation is immediately destroyed—
(i) when the purposes of the authorisation have been met, or
(ii) if at any time it ceases to be necessary to retain the data for the purposes or purpose concerned.
(2) The Secretary of State must secure that data (other than authorisation data) which is retained under the filtering arrangements is disclosed only—
(a) for the purpose mentioned in section 67(1)(a),
(b) for the purposes of support, maintenance, oversight, operation or administration of the arrangements,
(c) to the Investigatory Powers Commissioner for the purposes of the functions of the Commissioner mentioned in section 67(4) or (5), or
(d) otherwise as authorised by law.
(3) The Secretary of State must secure that—
(a) only the Secretary of State and designated individuals are permitted to read, obtain or otherwise process data for the purposes of support, maintenance, oversight, operation or administration of the filtering arrangements, and
(b) no other persons are permitted to access or use the filtering arrangements except in pursuance of an authorisation or for the purpose mentioned in section 67(1)(a).
(4) In subsection (3)(a) “designated” means designated by the Secretary of State; and the Secretary of State may designate an individual only if the Secretary of State thinks that it is necessary for the individual to be able to act as mentioned in subsection (3)(a).
(5) The Secretary of State must—
(a) put in place and maintain an adequate security system to govern access to, and use of, the filtering arrangements and to protect against any abuse of the power of access, and
(b) impose measures to protect against unauthorised or unlawful data retention, processing, access or disclosure.
(6) The Secretary of State must—
(a) put in place and maintain procedures (including the regular testing of relevant software and hardware) to ensure that the filtering arrangements are functioning properly, and
(b) report, as soon as possible after the end of each calendar year, to the Investigatory Powers Commissioner about the functioning of the filtering arrangements during that year.
(7) A report under subsection (6)(b) must, in particular, contain information about the destruction of authorisation data during the calendar year concerned.
(8) If the Secretary of State believes that significant processing errors have occurred giving rise to a contravention of any of the requirements of this Part which relate to the filtering arrangements, the Secretary of State must report that fact immediately to the Investigatory Powers Commissioner.
(9) In this section “authorisation data”, in relation to an authorisation, means communications data that is, or is to be, obtained in pursuance of the authorisation or any data from which that data is, or may be, derived.
70 Relevant public authorities and designated senior officers etc.
(1) Schedule 4 (relevant public authorities and designated senior officers etc.) has effect.
(2) A public authority listed in column 1 of the table in the Schedule is a relevant public authority for the purposes of this Part.
(2A) An authorisation under section 60A may be granted on the application of a relevant public authority listed in column 1 of the table only if section 60A(1)(a) is met in relation to a purpose within one of the paragraphs of section 60A(7) specified in the corresponding entry in column 2 of the table.
(3) In this Part “designated senior officer”, in relation to a relevant public authority listed in column 1 of the table, means an individual who holds with the authority—
(a) an office, rank or position specified in relation to the authority in column 3 of the table, or
(b) an office, rank or position higher than that specified in relation to the authority in column 3 of the table (subject to subsections (4) and (5)).
(4) Subsection (5) applies where an office, rank or position specified in relation to a relevant public authority in column 3 of the table is specified by reference to—
(a) a particular branch, agency or other part of the authority, or
(b) responsibility for functions of a particular description.
(5) A person is a designated senior officer by virtue of subsection (3)(b) only if the person—
(a) holds an office, rank or position in that branch, agency or part, or
(b) has responsibility for functions of that description.
(5A) A person who is a designated senior officer of a relevant public authority by virtue of subsection(3) and an entry in column 3 of the table may grant an authorisation under section 61—
(a) only for obtaining communications data of the kind specified in the corresponding entry in column 4 of the table,
(b) only if one or more paragraphs of section 61(7) is specified in the corresponding entry in column 5 of the table, and
(c) only if section 61(1)(a) is met in relation to a purpose within the specified paragraph or, if more than one paragraph is specified, a purpose within one of them.
(6) A person who is a designated senior officer of a relevant public authority by virtue of subsection (3) and an entry in column 3 of the table may grant an authorisation under section 61A—
(a) only for obtaining communications data of the kind specified in the corresponding entry in column 4 of the table, ...
(b) only if one or more paragraphs of section 61A(7) is specified in the corresponding entry in column 6 of the table, and
(c) only if section 61A(1)(a) is met in relation to a purpose within the specified paragraph or, if more than one paragraph is specified, a purpose within one of them.
(7) Where there is more than one entry in relation to a relevant public authority in column 3 of the table, and a person is a designated senior officer of the authority by virtue of subsection (3) as it applies to more than one of those entries, subsections (5A) and (6) apply in relation to each entry.
(1) The Secretary of State may by regulations modify section 70 or Schedule 4.
(2) Regulations under subsection (1) may in particular—
(a) add a public authority to, or remove a public authority from, the list in column 1 of the table,
(b) modify an entry in column 2 of the table,
(c) impose or remove restrictions on the authorisations that may be granted ...,
(d) impose or remove restrictions on the circumstances in which or purposes for which the authorisations may be granted.
(2A) Regulations adding a public authority to, or removing a public authority from, the list in column 1 of the table may do so in relation to all or any of the following—
(a) authorisations under section 60A by the Investigatory Powers Commissioner;
(b) authorisations by a designated senior officer under section 61;
(c) authorisations by a designated senior officer under section 61A.
(3) The power to make regulations under subsection (1) includes power to make such modifications in any enactment (including this Act) as the Secretary of State considers appropriate in consequence of a person becoming, or ceasing to be, a relevant public authority (in relation to one or more of the authorisations mentioned in subsection (2A)) because of regulations under that subsection.
72 Certain regulations under section 71: supplementary
(1) This section applies to regulations under section 71 other than regulations which do only one or both of the following—
(a) remove a public authority from the list in column 1 of the table in Schedule 4 (in relation to one or more of the authorisations mentioned in section 71(2A) and make consequential modifications,
(b) modify column 3 of the table in a way that does not involve replacing an office, rank or position specified in that column in relation to a particular public authority with a lower office, rank or position in relation to the same authority.
(2) Before making regulations to which this section applies, the Secretary of State must consult—
(a) the Investigatory Powers Commissioner, and
(b) the public authority to which the modifications relate.
(3) A statutory instrument containing regulations to which this section applies may not be made except in accordance with the enhanced affirmative procedure.
73 Local authorities as relevant public authorities
(1) A local authority is a relevant public authority for the purposes of this Part but only so far as relating to authorisations under section 60A.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An authorisation may not be granted under section 60A on the application of a local authority unless—
(a) section 60A(1)(a) is met in relation to a purpose within section 60A(7)(b),
(b) the local authority is a party to a collaboration agreement (whether as a supplying authority or a subscribing authority or both), and
(c) that collaboration agreement is certified by the Secretary of State (having regard to guidance given by virtue of section 79(6) and (7)) as being appropriate for the local authority.
(3A) In subsection (3)—
“collaboration agreement” means an agreement under section 78 that falls within subsection (1)(b)(iii) of that section,
“subscribing authority” has the same meaning as in section 78,
“supplying authority” has the same meaning as in section 78.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(A1) Before making an application for an authorisation under section 60A, the officer making the application must consult a person who is acting as a single point of contact in relation to the making of applications.
(1) Before granting an authorisation under section 61 or 61A, the designated senior officer must consult a person who is acting as a single point of contact in relation to the granting of authorisations.
(2) But, if the officer or (as the case may be) designated senior officer considers that there are exceptional circumstances which mean that subsection (A1) or (as the case may be) (1) should not apply in a particular case, that subsection does not apply in that case.
(3) Examples of exceptional circumstances include—
(a) an imminent threat to life or another emergency, or
(b) the interests of national security.
(4) A person is acting as a single point of contact if that person—
(a) is an officer of a relevant public authority, and
(b) is responsible for advising—
(i) officers of the relevant public authority about applying for authorisations (whether under section 60A, 61 or 61A), or
(ii) designated senior officers of the relevant public authority about granting authorisations.
(5) A person acting as a single point of contact may, in particular, advise an officer of a relevant public authority who is considering whether to apply for an authorisation about—
(a) the most appropriate methods for obtaining data where the data concerned is processed by more than one telecommunications operator,
(b) the cost, and resource implications, for—
(i) the relevant public authority concerned of obtaining the data, and
(ii) the telecommunications operator concerned of disclosing the data,
(c) any unintended consequences of the proposed authorisation, and
(d) any issues as to the lawfulness of the proposed authorisation.
(6) A person acting as a single point of contact may, in particular, advise a designated senior officer who is considering whether to grant an authorisation about—
(a) whether it is reasonably practical to obtain the data sought in pursuance of the proposed authorisation,
(b) the cost, and resource implications, for—
(i) the relevant public authority concerned of obtaining the data, and
(ii) the telecommunications operator concerned of disclosing the data,
(c) any unintended consequences of the proposed authorisation, and
(d) any issues as to the lawfulness of the proposed authorisation.
(7) A person acting as a single point of contact may also provide advice about—
(a) whether requirements imposed by virtue of an authorisation have been met,
(b) the use in support of operations or investigations of communications data obtained in pursuance of an authorisation, and
(c) any other effects of an authorisation.
(8) Nothing in this section prevents a person acting as a single point of contact from also applying for, or being granted, an authorisation or, in the case of a designated senior officer, granting an authorisation.
77 Commissioner approval for authorisations to identify or confirm journalistic sources
(1) Subsection (2) applies if—
(a) a designated senior officer has granted an authorisation under section 61 or 61A in relation to the obtaining by a relevant public authority of communications data for the purpose of identifying or confirming a source of journalistic information, and
(b) the authorisation is not necessary because of an imminent threat to life.
(1A) Subsection (2) also applies if—
(a) a person to whom functions under section 60A have been delegated under section 238(5) has granted an authorisation under that section in relation to the obtaining by a relevant public authority of communications data for the purpose of identifying or confirming a source of journalistic information, and
(b) the authorisation is not necessary because of an imminent threat to life.
(2) The authorisation is not to take effect until such time (if any) as a Judicial Commissioner has approved it.
(3) The relevant public authority for which the authorisation has been granted may apply to a Judicial Commissioner for approval of the authorisation.
(4) The applicant is not required to give notice of the application to—
(a) any person to whom the authorisation relates, or
(b) that person's legal representatives.
(5) A Judicial Commissioner may approve the authorisation if, and only if, the Judicial Commissioner considers that—
(a) at the time of the grant, there were reasonable grounds for considering that the requirements of this Part were satisfied in relation to the authorisation, and
(b) at the time when the Judicial Commissioner is considering the matter, there are reasonable grounds for considering that the requirements of this Part would be satisfied if an equivalent new authorisation were granted at that time.
(6) In considering whether the position is as mentioned in subsection (5)(a) and (b), the Judicial Commissioner must, in particular, have regard to—
(a) the public interest in protecting a source of journalistic information, and
(b) the need for there to be another overriding public interest before a relevant public authority seeks to identify or confirm a source of journalistic information.
(7) Where, on an application under this section, the Judicial Commissioner refuses to approve the grant of the authorisation, the Judicial Commissioner may quash the authorisation.