The Investigatory Powers Act 2016 is amended as follows.
A
bill
to
Amend the Investigatory Powers Act 2016; to make provision about information supplied by, or relating to, the Judicial Commissioners; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Investigatory Powers Act 2016 is amended as follows.
In section 199 (bulk personal datasets: interpretation)—
in subsection (1), in the words before paragraph (a), after “Part” insert
“and Part
7A
”;
in subsection (2), after “Part” insert “and Part 7A ”.
In the italic heading before section 200, for “warrant” substitute “authorisation”.
In section 200 (requirement for authorisation by warrant: general)—
in subsection (1)—
the words “by a warrant under this Part” become paragraph
(a);
in subsection (2)—
the words “by a warrant under this Part” become paragraph
(a);
(b)by an individual authorisation under Part 7A .”;
in the heading, omit “by warrant”.
In section 201 (exceptions to section 200(1) and (2)), in subsection (3)—
after “BPD warrants” insert “or authorisations under Part 7A ”.
“Restriction on use of class BPD warrants etc”.
In section 220 (initial examinations: time limits)—
“Step 3
If the head of the intelligence service, or a person acting on their behalf,
decides to retain the set and hold it electronically for analysis as
mentioned in step 2, as soon as reasonably practicable after making
that decision—
(a)apply for a specific BPD warrant (unless the retention of the
dataset is authorised by a class BPD warrant), or
“(6)If the head of the intelligence service, or a person acting on
their behalf, decides to grant an individual authorisation under
Part 7A in accordance with step 3 (set out in subsection (2))—
(a)
(b)the intelligence service is not to be regarded as in breach
of section 200(2) by virtue of examining the bulk
personal dataset during that period if the examination
is necessary in connection with obtaining the approval
of a Judicial Commissioner.”
In section 225 (application of Part 7 to bulk personal datasets obtained under
this Act)—
in subsection (4)—
the words “by a class BPD warrant or a specific BPD warrant
under this Part” become paragraph (a);
(b)by an individual authorisation under Part 7A
(low or no reasonable expectation of privacy).”;
in subsection (13)—
the words from “apply” to the end become paragraph (a);
(b)decide to grant an individual authorisation under
Part 7A .”
This section applies to a bulk personal dataset if the nature of the bulk In considering whether this section applies to a bulk personal dataset, Those factors are— the nature of the data; the extent to which— the data has been made public by the individuals, or the individuals have consented to the data being made if the data has been published, the extent to which it was if the data has been published or is otherwise in the public the extent to which the data has already been used in the public In this Part “an individual authorisation” is an authorisation that See section 200 (requirement for authorisation) for provision about The condition in this subsection is that the person granting the section
226A
applies to the bulk personal dataset described in the authorisation is necessary for the purpose of the exercise the conduct being authorised is proportionate to what is sought there are for the time being in force arrangements made by the The condition in this subsection is that the decision to grant the The condition in subsection
(5)
does not apply where— the bulk personal dataset described in the individual the person granting the individual authorisation considers that An individual authorisation relating to a bulk personal dataset (“dataset In this Part “a category authorisation” is an authorisation that The head of an intelligence service, or a person acting on their behalf, they consider that section
226A
applies to any dataset that falls the decision to grant the authorisation has been approved by A category authorisation may describe a category of bulk personal In deciding whether to approve a decision to grant an individual in relation to an individual authorisation, whether section
226A
in relation to a category authorisation, whether section
226A
In doing so, the Judicial Commissioner must— apply the same principles as would be applied by a court on consider the matters referred to in subsection
(1)
with a Where a Judicial Commissioner refuses to approve a decision to grant Where a Judicial Commissioner, other than the Investigatory Powers This section applies where— an individual authorisation is granted without the approval of the person who granted the authorisation considered that there The person who granted the authorisation must inform a Judicial The Judicial Commissioner must, before the end of the relevant decide whether to approve the decision to grant the notify the person who granted the authorisation of the Judicial
The authorisation— ceases to have effect (unless already cancelled), and may not be renewed, The head of the intelligence service must, so far as is reasonably Section 220 (Part 7 initial examinations: time limits) applies in relation anything done in reliance on the authorisation before it ceases if anything is in the process of being done in reliance on the anything done before that thing could be stopped, or anything done that it is not reasonably practicable to An individual authorisation or a category authorisation ceases to have it is renewed before the end of that period (see section
226CA
), In this section the “relevant period”— in the case of an urgent individual authorisation, means the in any other case, means the period of 12 months beginning the day on which the authorisation was granted, or in the case of an authorisation that has been renewed, For the purposes of subsection
(2)
(a)
, an individual authorisation is the authorisation was granted without the approval of a Judicial the person who granted the authorisation considered that there If the renewal conditions are met for an individual authorisation or a The renewal conditions for an individual authorisation are that— the person renewing the authorisation considers that— section
226A
continues to apply to the bulk personal the authorisation continues to be necessary for the the conduct being authorised continues to be there are for the time being in force arrangements made the decision to renew the authorisation has been approved by The renewal conditions for a category authorisation are that— the person renewing the authorisation considers that section
the decision to renew the authorisation has been approved by In this section the “renewal period” means— in the case of an urgent individual authorisation which has not in the case of an individual authorisation to which section
in any other case, the period of 30 days ending with the day Section
226BB
(approval of authorisations by Judicial Commissioner) In this section—
“
“ The head of an intelligence service, or a person acting on their behalf, If the head of an intelligence service, or a person acting on their behalf, The cancellation conditions for an individual authorisation are— that section
226A
no longer applies to the dataset described in that the authorisation is no longer necessary for the purpose that the conduct authorised by the authorisation is no longer that there are no longer in force arrangements made by the The cancellation condition for a category authorisation is that section
This section applies where an individual authorisation ceases to have The head of the intelligence service, or a person acting on their behalf, Where an individual authorisation ceases to have effect because it the period of 5 working days beginning with the day on which if the head of the intelligence service, or a person acting on This section applies where— a category authorisation ceases to have effect because it expires The individual authorisation ceases to have effect at the end of the it is renewed before the end of that period, or it is cancelled or otherwise ceases to have effect before the end In this section the “relevant period” means the period of three months an individual authorisation is granted under this Part in relation in the course of examining the dataset in accordance with the The head of the intelligence service must, so far as is reasonably Section 220 (Part 7 initial examinations: time limits) applies in relation The individual authorisation in relation to that part of the bulk personal Nothing in this section affects the lawfulness of— anything done in reliance on the authorisation before it ceases if anything is in the process of being done in reliance on the anything done before that thing could be stopped, or anything done that it is not reasonably practicable to The head of each intelligence service must provide an annual report The first report must relate to a period of at least one year and no Subsequent reports must relate to a period of no more than one year, Each report must be provided to the Secretary of State as soon as In this Part— See also—
For the purposes of this Part, only a person holding office under the
After Part 7 of the Investigatory Powers Act 2016 insert—
“Part 7A
Bulk personal dataset authorisations
Low or no reasonable expectation of privacy
226A
Bulk personal datasets: low or no reasonable expectation of privacy
(1)
personal dataset is such that the individuals to whom the personal
data relates could have no, or only a low, reasonable expectation of
privacy in relation to the data.
(2)
regard must be had to all the circumstances, including in particular
the factors in subsection
(3)
.
(3)
(a)
(b)
(i)
(ii)
public;
(c)
published subject to editorial control or by a person acting in
accordance with professional standards;
(d)
domain, the extent to which the data is widely known about;
(e)
domain.
Issue of authorisations
226B
Individual authorisation
(1)
authorises an intelligence service to retain, or to retain and examine,
any bulk personal dataset described in the authorisation.
(2)
when an individual authorisation under this Part is required.
(3)
(4)
authorisation considers that—
(a)
the authorisation,
(b)
of any function of the intelligence service,
(c)
to be achieved by the conduct, and
(d)
intelligence service, and approved by the Secretary of State,
for storing bulk personal datasets to which section
226A
applies
and for protecting them from unauthorised disclosure.
(5)
authorisation has been approved by a Judicial Commissioner.
(6)
(a)
authorisation falls within a category of bulk personal datasets
authorised for the purposes of this Part by a category
authorisation (see section
226BA
), or
(b)
there is an urgent need to grant the authorisation.
(7)
(8)
A”) may also authorise the retention or examination of other bulk
personal datasets (“replacement datasets”) that do not exist at the time
of the grant of the authorisation but may reasonably be regarded as
replacements for dataset A.
226BA
Category authorisation
(1)
authorises a category of bulk personal datasets described in the
authorisation for the purposes of this Part.
(2)
may grant a category authorisation where—
(a)
within the category of datasets described in the authorisation,
and
(b)
a Judicial Commissioner.
(3)
datasets by reference to (among other things) the use to which the
datasets will be put.
226BB
Approval of authorisations by Judicial Commissioners
(1)
authorisation or a category authorisation, a Judicial Commissioner
must review the conclusions of the person who granted the
authorisation as to the following matters—
(a)
applies to the bulk personal dataset described in the
authorisation, and
(b)
applies to any dataset that falls within the category of datasets
described in the authorisation.
(2)
(a)
an application for judicial review, and
(b)
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)
an individual authorisation or a category authorisation, the Judicial
Commissioner must give the person who decided to grant the
authorisation written reasons for the refusal.
(4)
Commissioner, refuses to approve a decision to grant an individual
authorisation or a category authorisation, the head of the intelligence
service, or a person acting on their behalf, may ask the Investigatory
Powers Commissioner to decide whether to approve the decision to
grant the authorisation.
226BC
Approval of individual authorisations granted in urgent cases
(1)
(a)
a Judicial Commissioner, and
(b)
was an urgent need to grant it.
(2)
Commissioner that it has been granted.
(3)
period—
(a)
authorisation, and
(b)
Commissioner's decision.
The “relevant period” means the period ending with the third working
day after the day on which the authorisation was granted.
(4)
(5)
(a)
(b)
(6)
practicable, secure that anything in the process of being done in
reliance on the authorisation stops as soon as possible.
(7)
to the bulk personal dataset described in the authorisation as if the
intelligence service had obtained that dataset at the time when the
person who granted the authorisation is notified that the Judicial
Commissioner has refused to approve the decision to grant the
authorisation.
(8)
(a)
to have effect;
(b)
authorisation when it ceases to have effect—
(i)
(ii)
stop.
Duration, renewal and cancellation
226C
Duration of authorisation
(1)
effect at the end of the relevant period unless—
(a)
or
(2)
(a)
period ending with the fifth working day after the day on
which the authorisation was granted;
(b)
with—
(i)
(ii)
the day after the day at the end of which the
authorisation would have ceased to have effect if it had
not been renewed.
(3)
an “urgent individual authorisation” if—
(a)
Commissioner, and
(b)
was an urgent need to grant it.
226CA
Renewal of authorisation
(1)
category authorisation, the head of an intelligence service, or a person
acting on their behalf, may, at any time during the renewal period,
renew the authorisation.
(2)
(a)
(i)
dataset described in the authorisation,
(ii)
purpose of the exercise of any function of the
intelligence service,
(iii)
proportionate to what is sought to be achieved by the
conduct, and
(iv)
by the intelligence service, and approved by the
Secretary of State, for storing bulk personal datasets to
which section
226A
applies and for protecting them
from unauthorised disclosure, and
(b)
a Judicial Commissioner.
(3)
(4)
(a)
226A
continues to apply to any dataset that falls within the
category of datasets described in the authorisation, and
(b)
a Judicial Commissioner.
(5)
(a)
been renewed, the relevant period;
(b)
226CD
(non-renewal or cancellation of category authorisation)
applies, the period of three months ending with the day at the
end of which the authorisation would otherwise cease to have
effect;
(c)
at the end of which the authorisation would otherwise cease
to have effect.
(6)
applies in relation to a decision to renew an authorisation under this
section as it applies in relation to a decision to grant an authorisation
under this Part.
(7)
the relevant period” has the same meaning as in section
226C
;
urgent individual authorisation” is to be read in accordance with
subsection
(3)
of that section.
226CB
Cancellation of authorisation
(1)
may, at any time, cancel an individual authorisation or a category
authorisation.
(2)
considers that any of the cancellation conditions are met in relation
to an individual authorisation, or that the cancellation condition is
met in relation to a category authorisation, they must cancel the
authorisation.
(3)
(a)
the authorisation;
(b)
of the exercise of any function of the intelligence service;
(c)
proportionate to what is sought to be achieved by the conduct;
(d)
intelligence service, and approved by the Secretary of State,
for storing bulk personal datasets to which section
226A
applies
and for protecting them from unauthorised disclosure.
(4)
226A
no longer applies to any dataset that falls within the category
of datasets described in the authorisation.
226CC
Non-renewal or cancellation of individual authorisation
(1)
effect because it expires without having been renewed or because it
is cancelled.
(2)
may, before the end of the period of 5 working days beginning with
the day on which the authorisation ceases to have effect, decide to
grant a new individual authorisation (see section
226B
) to retain, or
to retain and examine, any material retained by the intelligence service
in reliance on the authorisation which has ceased to have effect.
(3)
expires without having been renewed or because it is cancelled, an
intelligence service is not to be regarded as in breach of section 200(1)
or (2) by virtue of its retention or examination of any material to which
the authorisation related during the following periods—
(a)
the authorisation ceases to have effect;
(b)
their behalf, decides to grant a new individual authorisation
as mentioned in subsection
(2)
, any period when a Judicial
Commissioner is deciding whether to approve the decision.
226CD
Non-renewal or cancellation of category authorisation
(1)
(a)
without having been renewed or because it is cancelled, and
(2)
relevant period unless—
(a)
(b)
of that period.
(3)
beginning with the day after the day at the end of which the category
authorisation ceased to have effect.
Further and supplementary provision
226D
Section
226A
ceasing to apply to part of bulk personal dataset
(1)
(a)
to any bulk personal dataset, and
(b)
authorisation, the head of the intelligence service, or a person
acting on their behalf, believes that section
226A
does not apply,
or no longer applies, to part of the dataset.
(2)
practicable, secure that anything in the process of being done in relation
to that part of the bulk personal dataset in reliance on the authorisation
stops as soon as possible.
(3)
to that part of the bulk personal dataset as if the intelligence service
had obtained that part of the dataset at the time when the head of the
intelligence service, or the person acting on their behalf, first formed
the beliefs mentioned in subsection
(1)
(b)
.
(4)
dataset is to be treated as if it had been cancelled under section
226CB
at that time.
(5)
(a)
to have effect;
(b)
authorisation when it ceases to have effect—
(i)
(ii)
stop.
226DA
Annual report
(1)
to the Secretary of State about the bulk personal datasets that were
authorised under this Part to be retained, or retained and examined,
by the intelligence service during the period to which the report relates.
(2)
more than two years, beginning with the day on which this Part comes
fully into force.
(3)
beginning with the end of the period to which the previous report
related.
(4)
reasonably practicable after the end of the period to which the report
relates.
226DB
Part
7A
: interpretation
(1)
(2)
section 199 (bulk personal datasets: interpretation),
section 263 (general definitions),
section 265 (index of defined expressions).
(3)
Crown may act on behalf of the head of an intelligence service.”
In section 213 of the Investigatory Powers Act 2016 (duration of warrants),
in subsection (2)(b), for “6 months” substitute “12 months”.
The amendment made by subsection
(1)
has effect only in relation to a warrant
that is issued or renewed under Part 7 of that Act on or after the day on
which this section comes into force.
In subsection
(2)
“warrant” has the same meaning as in section 213(2)(b) of
that Act.
The Investigatory Powers Act 2016 is amended as follows.
In section 202 (restriction on use of class BPD warrants)—
in subsections (1) and (2), after “head of the intelligence service” insert
“, or a person acting on their behalf,”;
in subsection (3)—
after “head of the intelligence service”, in the first place it
occurs, insert “, or a person acting on their behalf,”;
omit “by the head of the intelligence service”;
“(5)For the purposes of subsections (1), (2) and (3), only a person
holding office under the Crown may act on behalf of the head
of an intelligence service.”
In section 206 (additional safeguards for health records)—
in subsections (4)(b) and (5)(a) and (b), after “head of the intelligence
service” insert “, or a person acting on their behalf,”;
“(8)For the purposes of subsections (4)(b) and (5), only a person
holding office under the Crown may act on behalf of the head
of an intelligence service.”
In section 219 (non-renewal or cancellation of BPD warrants)—
in subsection (2), after “addressed” insert “, or a person acting on their
behalf,”;
in the following provisions, after “the head of the intelligence service”
insert “, or a person acting on their behalf,”—
subsection (2)(b);
subsection (7), in both places it occurs;
subsection (8), in both places it occurs;
“(9)For the purposes of subsections (2), (7) and (8), only a person
holding office under the Crown may act on behalf of the head
of an intelligence service.”
In section 220 (initial examinations: time limits)—
in the following provisions, after “head of the intelligence service”
insert “, or a person acting on their behalf,”—
subsection (1)(b);
subsection (2);
subsection (3);
subsection (5);
“(7)For the purposes of this section, only a person holding office
under the Crown may act on behalf of the head of an
intelligence service.”
In section 225 (application of Part 7 to bulk personal datasets obtained under
this Act)—
in subsection (3), after “head of the intelligence service” insert “, or a
person acting on their behalf”;
in subsection (13), after “head of an intelligence service” insert “, or a
person acting on their behalf,”;
“(15)For the purposes of subsections (3) and (13), only a person
holding office under the Crown may act on behalf of the head
of an intelligence service.”
For the purposes of this Part, an intelligence service examines a third the intelligence service has relevant access, whether on payment the set includes personal data relating to a number of the nature of the set is such that the majority of the individuals after any initial inspection of the contents (see section
226I
), For the purposes of subsection
(1)
(a)
, an intelligence service has the access is made available to the intelligence service as a the type and extent of the access available to the intelligence the access is electronic. An intelligence service may not exercise a power to examine a third A “third party BPD warrant” is a warrant issued under this Part A third party BPD warrant may authorise the examination of a bulk the content of which may vary from time to time, or that does not exist at the time of the issue of the warrant. The head of an intelligence service, or a person acting on their behalf, The application must include a general description of the bulk personal Where the person making the application knows that subsection
(6)
The Secretary of State may issue the warrant if— the Secretary of State considers that the warrant is necessary— in the interests of national security, for the purposes of preventing or detecting serious in the interests of the economic well-being of the United the Secretary of State considers that the conduct authorised by the Secretary of State considers that the arrangements made except where the Secretary of State considers that there is an This subsection applies to a bulk personal dataset if— the dataset consists of, or includes, protected data or health a substantial proportion of the dataset consists of sensitive the nature of the dataset, or the circumstances in which it was In this section—
“ consists of information relating to the physical or mental was made by or on behalf of a health professional in
“ In subsection
(7)
, “health professional” and “health service body” have An application for a third party BPD warrant may only be made on In deciding whether to approve a decision to issue a third party BPD whether the conduct that would be authorised by the warrant In doing so, the Judicial Commissioner must— apply the same principles as would be applied by a court on consider the matters referred to in subsection
(1)
with a Where a Judicial Commissioner refuses to approve a decision to issue Where a Judicial Commissioner, other than the Investigatory Powers This section applies where— a third party BPD warrant is issued without the approval of a the Secretary of State considered that there was an urgent need The Secretary of State must inform a Judicial Commissioner that it The Judicial Commissioner must, before the end of the relevant decide whether to approve the decision to issue the warrant, notify the Secretary of State of the Judicial Commissioner's
The warrant— ceases to have effect (unless already cancelled), and may not be renewed, The head of the intelligence service to whom the warrant was anything done in reliance on the warrant before it ceases to if anything is in the process of being done in reliance on the anything done before that thing could be stopped, or anything done that it is not reasonably practicable to The decision to issue a third party BPD warrant must be taken Before a third party BPD warrant is issued, it must be signed by the But if it is not reasonably practicable for a third party BPD warrant In such a case, the warrant must contain a statement that— it is not reasonably practicable for the warrant to be signed by the Secretary of State has personally and expressly authorised
be addressed to the head of the intelligence service by whom, include a general description of the bulk personal dataset (or A third party BPD warrant ceases to have effect at the end of the it is renewed before the end of that period (see section
226HA
), In this section “the relevant period”— in the case of an urgent third party BPD warrant, means the in any other case, means the period of 12 months beginning the day on which the warrant was issued, or in the case of a warrant that has been renewed, the day For the purposes of this section, a third party BPD warrant is an the warrant was issued without the approval of a Judicial the Secretary of State considered that there was an urgent need If the renewal conditions are met, a third party BPD warrant may be The renewal conditions are— that the Secretary of State considers that the conduct that would that the decision to renew the warrant has been approved by In this section the “renewal period” means— in the case of an urgent third party BPD warrant which has in any other case, the period of 30 days ending with the day The decision to renew a third party BPD warrant must be taken Section
226GA
(approval of warrants by Judicial Commissioner) applies In this section—
“
“ The Secretary of State, or a senior official acting on behalf of the If the Secretary of State, or a senior official acting on behalf of the The cancellation conditions are— that the conduct authorised by the warrant is no longer This section applies where a third party BPD warrant ceases to have The head of the intelligence service to whom the warrant was Nothing in this section affects the lawfulness of— anything done in reliance on the warrant before it ceases to if anything is in the process of being done in reliance on the anything done before that thing could be stopped, or anything done that it is not reasonably practicable to This section applies where— an intelligence service has relevant access, whether on payment the intelligence service is considering examining the set of the examination would be otherwise than in the exercise of a the head of the intelligence service, or a person acting on their the set includes, or may include, personal data relating the nature of the set is, or may be, such that the majority The head of the intelligence service, or a person acting on their behalf, the intelligence service would be examining a third party bulk such examination would be necessary and proportionate in all Subsection
(4)
applies if, after the initial inspection is carried out, the such examination would be necessary and proportionate in all The head of the intelligence service, or a person acting on their behalf, decide whether to examine the third party bulk personal if they decide to do so, apply for a third party BPD warrant. If the head of the intelligence service, or a person acting on their behalf, For the purposes of this section, only a person holding office under The Secretary of State must ensure, in relation to every third party In doing so, the Secretary of State must in particular have regard to Subsections
(2)
and
(3)
apply if, in a case where protected data the purpose, or one of the purposes, of using the criteria to be the use of the relevant criteria is likely to identify such items. If the relevant criteria are referable to an individual known to be in In any other case, the data may be examined using the relevant criteria The Secretary of State may give approval for the purposes of subsection
For the purposes of subsection
(5)
, there cannot be exceptional and the public interest in obtaining the information that would be there are no other means by which the information may obtaining the information is necessary in the interests of In deciding whether to give approval for the purposes of subsection
apply the same principles as would be applied by a court on consider the matter with a sufficient degree of care as to ensure Subsections
(10)
and
(11)
apply if, in a case where protected data the purpose, or one of the purposes, of using the criteria to be the person to whom the warrant is addressed considers that If the relevant criteria are referable to an individual known to be in In any other case, the data may be examined using the relevant criteria In this section “underlying material”, in relation to data contained in Subsection
(2)
applies where— an intelligence service examines a third party bulk personal as part of the examination, the intelligence service examines the intelligence service retains the item, and the retention of the item may not be authorised by a warrant Unless the Investigatory Powers Commissioner considers that direct that the item is destroyed, or impose one or more conditions as to the use or retention of If the Investigatory Powers Commissioner considers that subsection
This subsection applies to an item subject to legal privilege if— the public interest in retaining the item outweighs the public retaining the item is necessary in the interests of national The Investigatory Powers Commissioner— may require an affected party to make representations about must have regard to any such representations made by an Each of the following is an “affected party” for the purposes of the Secretary of State; the person to whom the third party BPD warrant is or was A person commits an offence if— the person examines, in reliance on a third party BPD warrant, the person knows or believes that the examination of that data the person deliberately examines that data in breach of that The requirement specified in this subsection is that any examination A person guilty of an offence under this section is liable— on summary conviction in England and Wales, to imprisonment on summary conviction in Scotland, to imprisonment for a on summary conviction in Northern Ireland, to imprisonment on conviction on indictment, to imprisonment for a term not No proceedings for any offence which is an offence by virtue of this in England and Wales, except by or with the consent of the in Northern Ireland, except by or with the consent of the In this Part—
“
“
“
“ See also—
After Part
7A
of the Investigatory Powers Act 2016 (as inserted by section
2
) insert—
“Part 7B
Third party bulk personal datasets
Interpretation
226E
Third party bulk personal datasets: interpretation
(1)
party bulk personal dataset if—
(a)
or otherwise, to a set of information that is held electronically
by a person other than an intelligence service,
(b)
individuals,
(c)
are not, and are unlikely to become, of interest to the
intelligence service in the exercise of its functions, and
(d)
the intelligence service examines the set electronically (but does
not obtain the set) for the purpose of the exercise of its
functions.
(2)
“relevant access” to a set of information that is held electronically by
another person where—
(a)
result of arrangements made directly between the intelligence
service and that other person,
(b)
service is not generally available (whether on a commercial
basis or otherwise), and
(c)
Requirement for warrant
226F
Requirement for authorisation by warrant
(1)
party bulk personal dataset unless the examination of the dataset is
authorised by a third party BPD warrant.
(2)
authorising an intelligence service to examine any third party bulk
personal dataset described in the warrant.
(3)
personal dataset—
(a)
(b)
226FA
Exceptions to section
226F
(1)
(1)
(2)
Issue of warrants
226G
Application for third party BPD warrant
(1)
may apply to the Secretary of State for a third party BPD warrant.
(2)
dataset (or datasets) to which the application relates.
(3)
applies to any bulk personal dataset to which the application relates,
the application must also include a statement to that effect.
(4)
(a)
(i)
(ii)
crime, or
(iii)
Kingdom so far as those interests are also relevant to
the interests of national security,
(b)
the warrant is proportionate to what is sought to be achieved
by the conduct,
(c)
by the intelligence service for examining the bulk personal
dataset (or datasets) to which the application relates are
satisfactory, and
(d)
urgent need to issue the warrant, the decision to issue the
warrant has been approved by a Judicial Commissioner.
(5)
(6)
(a)
records,
(b)
personal data, or
(c)
created, is or are such that its examination by the intelligence
service is likely to raise novel or contentious issues.
(7)
health record” means a record, or a copy of a record which—
(a)
health or condition of an individual,
(b)
connection with the care of that individual, and
sensitive personal data” has the meaning given by section 202(4).
(8)
the meaning given by section 206(7).
(9)
behalf of the head of an intelligence service by a person holding office
under the Crown.
226GA
Approval of warrants by Judicial Commissioners
(1)
warrant, a Judicial Commissioner must review the Secretary of State's
conclusions as to the following matters—
(b)
is proportionate to what is sought to be achieved by that
conduct.
(2)
(a)
an application for judicial review, and
(b)
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)
a third party BPD warrant, the Judicial Commissioner must give the
Secretary of State written reasons for the refusal.
(4)
Commissioner, refuses to approve a decision to issue a third party
BPD warrant, the Secretary of State may ask the Investigatory Powers
Commissioner to decide whether to approve the decision to issue the
warrant.
226GB
Approval of third party BPD warrants issued in urgent cases
(1)
(a)
Judicial Commissioner, and
(b)
to issue it.
(2)
has been issued.
(3)
period—
(a)
and
(b)
decision.
The “relevant period” means the period ending with the third working
day after the day on which the warrant was issued.
(4)
(5)
(a)
(b)
(6)
addressed must, so far as is reasonably practicable, secure that anything
in the process of being done in reliance on the warrant stops as soon
as possible.
(7)
(a)
have effect;
(b)
warrant when it ceases to have effect—
(i)
(ii)
stop.
226GC
Decisions to issue warrants to be taken personally by Secretary of
State
(1)
personally by the Secretary of State.
(2)
Secretary of State.
(3)
to be signed by the Secretary of State, it may be signed by a senior
official designated by the Secretary of State for that purpose.
(4)
(a)
the Secretary of State, and
(b)
the issue of the warrant.
226GD
Requirements that must be met by warrants
A third party BPD warrant must—
(a)
or on whose behalf, the application for the warrant was made,
and
(b)
datasets) to which the warrant relates.
Duration, renewal and cancellation
226H
Duration of warrants
(1)
relevant period unless—
(a)
or
(2)
(a)
period ending with the fifth working day after the day on
which the warrant was issued, and
(b)
with—
(i)
(ii)
after the day at the end of which the warrant would
have ceased to have effect if it had not been renewed.
(3)
“urgent third party BPD warrant” if—
(a)
Commissioner, and
(b)
to issue it.
226HA
Renewal of warrants
(1)
renewed, at any time during the renewal period, by an instrument
issued by the Secretary of State.
(2)
(a)
(b)
be authorised by the renewed warrant continues to be
proportionate to what is sought to be achieved by the conduct,
and
(c)
a Judicial Commissioner.
(3)
(a)
not been renewed, the relevant period;
(b)
at the end of which the warrant would otherwise cease to have
effect.
(4)
personally by the Secretary of State, and the instrument renewing the
warrant must be signed by the Secretary of State.
(5)
in relation to a decision to renew a warrant as it applies in relation to
a decision to issue a warrant.
(6)
the relevant period” has the same meaning as in section
226H
;
urgent third party BPD warrant” is to be read in accordance
with subsection
(3)
of that section.
226HB
Cancellation of warrants
(1)
Secretary of State, may cancel a third party BPD warrant at any time.
(2)
Secretary of State, considers that any of the cancellation conditions
are met in relation to a third party BPD warrant, the person must
cancel the warrant.
(3)
(b)
proportionate to what is sought to be achieved by that conduct.
226HC
Non-renewal or cancellation of third party BPD warrant
(1)
effect because it expires without having been renewed or because it
is cancelled.
(2)
addressed must, so far as is reasonably practicable, secure that anything
in the process of being done in reliance on the warrant stops as soon
as possible.
(3)
(a)
have effect;
(b)
warrant when it ceases to have effect—
(i)
(ii)
stop.
Further and supplementary provision
226I
Initial inspection
(1)
(a)
or otherwise, to a set of information that is held electronically
by a person other than an intelligence service,
(b)
information electronically for the purpose of the exercise of its
functions,
(c)
power conferred by a warrant or other authorisation issued or
given under this Act, and
(d)
behalf, believes that—
(i)
to a number of individuals, and
(ii)
of the individuals are not, and are unlikely to become,
of interest to the intelligence service in the exercise of
its functions.
(2)
may carry out an initial inspection of the contents of the set for the
purpose of deciding whether, if the intelligence service were to examine
it after that initial inspection—
(a)
personal dataset (see section
226E
), and
(b)
the circumstances.
(3)
head of the intelligence service, or a person acting on their behalf,
decides that—
(a)
(b)
the circumstances.
(4)
must—
(a)
dataset, and
(b)
(5)
applies for such a third party BPD warrant, the intelligence service is
not to be regarded as in breach of section
226F
(1)
by virtue of
examining the bulk personal dataset if the examination is necessary
for the purposes of the making of the application for the warrant.
(6)
(7)
the Crown may act on behalf of the head of an intelligence service.
226IA
Safeguards relating to examination of third party bulk personal
datasets
(1)
BPD warrant which authorises the examination of a bulk personal
dataset, that arrangements are in force for securing that any
examination of data contained in the dataset is necessary and
proportionate in all the circumstances.
(2)
the information that is reasonably available to the intelligence services
in relation to the examination of such data.
226IB
Additional safeguards for items subject to legal privilege: examination
(1)
contained in a third party bulk personal dataset is to be examined in
reliance on a third party BPD warrant—
(a)
used for the examination of the data (“the relevant criteria”) is
to identify any items subject to legal privilege, or
(b)
(2)
the British Islands at the time of the examination, the data may be
examined using the relevant criteria only if the Secretary of State has
approved the use of those criteria.
(3)
only if a senior official acting on behalf of the Secretary of State has
approved the use of those criteria.
(4)
(2)
only with the approval of a Judicial Commissioner.
(5)
(6)
(7)
compelling circumstances that make it necessary to authorise the use
of the relevant criteria unless—
(a)
obtained by the examination of the data outweighs the public
interest in the confidentiality of items subject to legal privilege,
(b)
reasonably be obtained, and
(c)
national security or for the purpose of preventing death or
significant injury.
(8)
(4)
, the Judicial Commissioner must—
(a)
an application for judicial review, and
(b)
that the Judicial Commissioner complies with the duties
imposed by section 2 (general duties in relation to privacy).
(9)
contained in a third party bulk personal dataset is to be examined in
reliance on a third party BPD warrant—
(a)
used for the examination of the data (“the relevant criteria”) is
to identify data that, if the data or any underlying material
were not created or held with the intention of furthering a
criminal purpose, would be an item subject to legal privilege,
and
(b)
the data (“the targeted data”) or any underlying material is
likely to be data or underlying material created or held with
the intention of furthering a criminal purpose.
(10)
the British Islands at the time of the examination, the data may be
examined using the relevant criteria only if the Secretary of State has
approved the use of those criteria.
(11)
only if a senior official acting on behalf of the Secretary of State has
approved the use of those criteria.
(12)
(13)
a third party bulk personal dataset that is to be examined in reliance
on a third party BPD warrant, means any communications or other
items of information from which the data was produced.
226IC
Additional safeguards for items subject to legal privilege: retention
following examination
(1)
(a)
dataset in reliance on a third party BPD warrant,
(b)
an item subject to legal privilege,
(c)
(d)
under Part 7 (bulk personal dataset warrants).
(2)
(3)
subsection
(5)
applies to the item, the Commissioner must—
(a)
(b)
that item.
(4)
(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)
(a)
interest in the confidentiality of items subject to legal privilege,
and
(b)
security or for the purpose of preventing death or significant
injury.
(6)
(a)
how the Commissioner should exercise any function under
subsection
(3)
, and
(b)
affected party (whether or not as a result of a requirement
imposed under paragraph
(a)
).
(7)
subsection
(6)
—
(a)
(b)
addressed.
226ID
Offence of breaching safeguards relating to examination of material
(1)
(a)
any data contained in a third party bulk personal dataset,
(b)
is in breach of the requirement specified in subsection
(2)
, and
(c)
requirement.
(2)
of the data is necessary and proportionate.
(3)
(a)
for a term not exceeding the general limit in a magistrates’
court, to a fine or to both;
(b)
term not exceeding 12 months, to a fine not exceeding the
statutory maximum or to both;
(c)
for a term not exceeding 6 months, to a fine not exceeding the
statutory maximum or to both;
(d)
exceeding 2 years, to a fine or to both.
(4)
section may be instituted—
(a)
Director of Public Prosecutions;
(b)
Director of Public Prosecutions for Northern Ireland.
226IE
Part
7B
: interpretation
(1)
personal data” has the same meaning as in Part 7 (see section
199(2));
protected data” has the same meaning as in Part 7 (see section
203);
senior official” means a member of the Senior Civil Service or a
member of the Senior Management Structure of His Majesty’s
Diplomatic Service;
third party BPD warrant” has the meaning given by section
226F
.
(3)
section 263 (general definitions),
section 265 (index of defined expressions).”
In section 1 (overview of Act), in subsection (6)—
in the words before paragraph (a), for “Parts 2 to 7” substitute “Parts
2 to
7B
”;
in paragraph (e)—
for “Part 7 deals” substitute “Parts 7 to 7B deal”;
after “warrants” insert “and authorisations”.
In section 2 (general duties in relation to privacy), in subsection (1)—
in paragraph (a), for “or 7” substitute “, 7 or 7B ”;
omit the “or” after paragraph (j);
“(ja)to grant, renew or cancel an authorisation under Part
7A ,
(jb)to approve a decision to grant or renew such an
authorisation, or”;
in paragraph (k), for “or (i)” substitute “, (i) or (ja) ”.
Section 65 of the Regulation of Investigatory Powers Act 2000 (the Tribunal)
is amended as follows.
In subsection (5)—
In subsection (8)—
in paragraph (a), for “or 7” substitute “, 7 or 7B ”;
“(bba)an authorisation under Part 7A of that Act;”.
The Investigatory Powers Act 2016 is amended as follows.
In section 227 (Investigatory Powers Commissioner and other Judicial The Investigatory Powers Commissioner may appoint up to two A person appointed as a Deputy Investigatory Powers Commissioner
Commissioners), after subsection (6) insert—
“(6A)
persons who are Judicial Commissioners to be Deputy Investigatory
Powers Commissioners.
(6B)
continues to be a Judicial Commissioner.”
In section 228 (terms and conditions of appointment), after subsection (5) A person ceases to be a Deputy Investigatory Powers Commissioner the person ceases to be a Judicial Commissioner, the Investigatory Powers Commissioner removes the person the person resigns as a Deputy Investigatory Powers
insert—
“(6)
if—
(a)
(b)
from being a Deputy Investigatory Powers Commissioner, or
(c)
Commissioner.”
In section 265 (index of defined expressions), in the table, at the appropriate
place insert—
“Deputy Investigatory Powers Commissioner
Section 263(1)”.
“(8)The Investigatory Powers Commissioner may, to such extent as the
Investigatory Powers Commissioner may decide, delegate the exercise
of functions of the Investigatory Powers Commissioner to—
(a)a Deputy Investigatory Powers Commissioner, or
(b)any other Judicial Commissioner.
(8A)
(a)making a recommendation under subsection (4)(e),
(c)deciding—
(i)an appeal against, or a review of, a decision made by
another Judicial Commissioner, and
(ii)any action to take as a result,
only where the Investigatory Powers Commissioner is unable or
unavailable to exercise the function for any reason.
(8B)
(8C)
(8D)Where there are two Deputy Investigatory Powers Commissioners,
the power in subsection (8) (a) may, in particular, be used to delegate
to one Deputy Investigatory Powers Commissioner the exercise of the
function of the Investigatory Powers Commissioner of deciding—
(a)an appeal against, or a review of, a decision made by the other
Deputy Investigatory Powers Commissioner, and
(b)any action to take as a result.”
Omit subsection (9A) (authorisations for obtaining communications data).
“(10A)Where—
(a)
(b)the Deputy Investigatory Powers Commissioner decides the
appeal or review (and any action to take as a result),
no further appeal, or request for a further review, may be made to
the Investigatory Powers Commissioner in relation to the decision of
the Deputy Investigatory Powers Commissioner.”
“(b)to the Investigatory Powers Commissioner are to be read—
(i)
“(14)In this section a reference to deciding an appeal against, or a review
of, a decision made by a Judicial Commissioner includes a reference
to deciding whether to approve a decision that the Judicial
Commissioner has refused to approve.”
The power in subsection
(2)
is exercisable where the Investigatory as a result of exceptional circumstances, there is a shortage of the power in subsection
(2)
needs to be exercised in order to The Investigatory Powers Commissioner may appoint one or more A person appointed under subsection
(2)
is referred to in this section A temporary Judicial Commissioner may be appointed under As soon as practicable after the appointment of any temporary Judicial the Prime Minister; the Secretary of State; the Lord Chancellor; the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland. A reference to a Judicial Commissioner in any enactment (including But subsections (1) and (4) to (6) of section 227 and section 228(2) In this section “Judicial Commissioner functions” means the functions
After section 228 of the Investigatory Powers Act 2016 (but before the italic
heading before section 229) insert—
“228A
Temporary Judicial Commissioners
(1)
Powers Commissioner and the Secretary of State consider that—
(a)
persons able to carry out Judicial Commissioner functions, and
(b)
deal with that shortage.
(2)
persons to carry out Judicial Commissioner functions.
(3)
as a “temporary Judicial Commissioner”.
(4)
subsection
(2)
for one or more terms not exceeding six months each
and not exceeding three years in total.
(5)
Commissioner, the Investigatory Powers Commissioner must notify
the following persons of the appointment—
(a)
(b)
(c)
(d)
(e)
(f)
(6)
this Act) is to be read (so far as the context allows) as referring also
to a temporary Judicial Commissioner.
(7)
(appointment requirements etc) do not apply in relation to temporary
Judicial Commissioners.
(8)
conferred on Judicial Commissioners by any enactment (including this
Act).”
The Investigatory Powers Act 2016 is amended as follows.
In section 229 (main oversight functions)—
in subsection (3), omit paragraph (c) (prevention or restriction of use
of communication devices by prisoners etc);
“(3E)The Investigatory Powers Commissioner must keep under
review (including by way of audit, inspection and investigation)
compliance by any part of His Majesty’s forces, or by any part
of the Ministry of Defence, with policies governing—
(a)the use of surveillance outside the United Kingdom,
and
(b)the use and conduct of covert human intelligence
sources outside the United Kingdom,
(whether or not authorised under the Regulation of
Investigatory Powers Act 2000).”
In section 230 (additional directed oversight functions), in subsection (1)—
omit the “or” after paragraph (b);
(d)any public authority not mentioned in paragraphs (a)
to (c), or any part of such an authority, so far as
engaging in intelligence activities.”
In section 231 (error reporting)—
in subsection (9)(b), for “code of practice under Schedule 7” substitute
“relevant code of practice”;
“(10)In subsection (9) “relevant code of practice” means a code of
practice under—
(a)Schedule 7,
(b)the Police Act 1997,
(c)the Regulation of Investigatory Powers Act 2000, or
(d)the Regulation of Investigatory Powers (Scotland) Act
2000.”
(a)a telecommunications operator which is not a public authority,
or
(b)a postal operator,
is guilty of an offence.”
“(3A)The following are examples of cases where a relevant person has
lawful authority to obtain communications data from a
telecommunications operator or postal operator—
(a)where the relevant person’s obtaining of the communications
data is lawful for all purposes in accordance with section 81(1);
(b)any other case where the relevant person obtains the
communications data in the exercise of a statutory power of
the relevant public authority;
(c)where the operator lawfully provides the communications data
to the relevant person otherwise than pursuant to the exercise
of a statutory power of the relevant public authority (whether
or not in the exercise of a statutory power to disclose);
(d)where the communications data is obtained in accordance with
a court order or other judicial authorisation;
(e)where the communications data had been published before the
relevant person obtained it;
(f)where the communications data is obtained by the relevant
person for the purpose of enabling, or facilitating, the making
of a response to a call made to the emergency services.
(3B)In subsection (3A)—
“
emergency services” means—
(a)police, fire, rescue and ambulance services, and
(b)His Majesty's Coastguard;
“
publish” means make available to the public or a section of the
public (whether or not on a commercial basis).”
In section 6 of that Act, in the heading, at the end insert “in relation to
interceptions”.
Section 261 of the Investigatory Powers Act 2016 (telecommunications
definitions) is amended as follows.
In subsection (5), in the words after paragraph (c), after “but” insert “(subject
to subsection (5A))”.
“(5A)In subsection (5) the words after paragraph (c) do not apply to entity
data which is about an entity to which a telecommunications service
is provided and—
(a)may be used to identify, or assist in identifying, that entity, or
(b)may be used to identify, or assist in identifying, the location
of that entity.”
In subsection (2)(b) omit “and is not a regulatory power or a relevant postal
power”.
In subsection (2A), at the end insert “and subsection (2B)”.
“(2B)Subsection (2) does not apply to the exercise, otherwise than in the
course of a criminal investigation, of a general information power
which is a regulatory or supervisory power.
(2C)For the purposes of subsection (2B) , “criminal investigation” means
an investigation of any criminal conduct, including—
(a)an investigation of alleged or suspected criminal conduct, and
(b)an investigation of whether criminal conduct has taken place.
(2D)For the purposes of subsection (2B) , the exercise of a general
information power which is a regulatory or supervisory power is
treated as not being in the course of a criminal investigation if at the
time of the exercise of the power the investigation is not being
conducted with a view to seeking a criminal prosecution.”
Omit subsection (3).
In subsection (6)—
““
criminal conduct” means conduct which constitutes an offence under the law of any part of the United Kingdom,”;
““
regulatory or supervisory power” means any power (however expressed) to obtain information or documents which—
(a)is conferred by or under an enactment other than this
Act or the Regulation of Investigatory Powers 2000, and
(b)is exercisable in connection with—
(i)the regulation of persons or activities,
(ii)the checking or monitoring of compliance with
requirements, prohibitions or standards imposed
by or under an enactment, or
(iii)the enforcement of any requirement or
prohibition imposed by or under an enactment,”;
omit the definition of “relevant postal power”.
The Schedule reverses the effect of certain repeals of disclosure powers, and
makes consequential and supplementary provision.
Section 62 of the Investigatory Powers Act 2016 (restrictions in relation to
internet connection records) is amended as follows.
In subsection (A2) for “or C” substitute “, C or D1”.
In subsection (2)—
after “authorisation” insert “under section 61 or 61A”;
for “or C” substitute “, C or D2”.
“(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)
Section 87 of the Investigatory Powers Act 2016 (powers to require retention
of certain data) is amended as follows.
In subsection (4)—
in the words before paragraph (a), after “data” insert “, other than
data which is, or can only be obtained by processing, an internet
connection record,”;
in paragraph (a), after “provided” insert “(solely or jointly with another
person)”;
“(aa)does not relate to a relevant roaming service,”.
“(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.”
In subsection (11), in the words after paragraph (e)—
for “and” substitute “(and”;
for “records” substitute “records)”.
Part 4 of the Investigatory Powers Act 2016 is amended as follows.
In section 95 (enforcement of notices and certain other requirements and
restrictions), in subsection (5), after “enforceable” insert “(whether or not the
person is in the United Kingdom)”.
In section 97 (extra-territorial application of Part 4), omit subsection (2).
The Investigatory Powers Act 2016 is amended as follows.
In section 90 (retention notices: review by the Secretary of State), for subsection Where a telecommunications operator refers a retention notice under there is no requirement for the operator to comply with the subsection
(4A)
applies to the operator,
Where this subsection applies to a telecommunications operator, the In subsection
(4A)
“relevant change” means a change that, if
(4) substitute—
“(4)
subsection (1)—
(a)
notice, so far as referred, and
(b)
until the Secretary of State has reviewed the notice in accordance with
subsection (5).
(4A)
operator must not make any relevant changes to telecommunications
services or telecommunication systems to which obligations imposed
by the retention notice relate.
(4B)
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.”
In section 95(5) (enforcement of retention notices etc), after “or (2)” insert “,
or under section 90
(4A)
,”.
In section 255(10) (enforcement of national security notices and technical
capability notices), in the opening words, for “subsection (9)” substitute
“subsection (8) or (9), or by section 257
(3A)
,”.
In section 257 (national security notices and technical capability notices: review Where a person who is given a notice under section 252 or 253 refers there is no requirement for the person to comply with the subsection
(3A)
applies to the person,
Where this subsection applies to a person, the person must not make In subsection
(3A)
“relevant change” means a change that, if
by the Secretary of State), for subsection (3) substitute—
“(3)
the notice under subsection (1)—
(a)
notice, so far as referred, and
(b)
until the Secretary of State has reviewed the notice in accordance with
subsection (4).
(3A)
any relevant changes to telecommunications or postal services, or
telecommunication systems, to which obligations imposed by the notice
given under section 252 or 253 relate.
(3B)
implemented, would have a negative effect on the capability of the
person to provide any assistance which the person may be required
to provide in relation to any warrant, authorisation or notice issued
or given under this Act.”
The Investigatory Powers Act 2016 is amended as follows.
In section 261(10) (meaning of “telecommunications operator”)—
omit the “or” after paragraph (a);
(c)controls or provides a telecommunication system
which—
(i)is not (wholly or partly) in, or controlled from,
the United Kingdom, and
(ii)is used by another person to offer or provide a
telecommunications service to persons in the
United Kingdom.”
In section 253 (technical capability notices)—
in subsection (1)(a)—
after “the operator”, in the first place it occurs, insert “or
another relevant operator”;
for “the operator”, in the second place it occurs, substitute
“such operator”;
in subsection (2)(a), after “operator” insert “(to whom the notice is
given)”.
The Investigatory Powers Act 2016 is amended as follows.
In section 87 (powers to require retention of certain data), after subsection A retention notice ceases to have effect at the end of the relevant it is varied in accordance with section 94(4) so as to require it is renewed (see section
94A
), or it is revoked or otherwise ceases to have effect (see sections In subsection
(6A)
the “relevant period” means the period of two years in the case of a retention notice that has been so varied or
(6) insert—
“(6A)
period unless before the end of that period—
(a)
the retention of additional relevant communications data,
(b)
(c)
90(10) and 94).
(6B)
beginning with—
(a)
(b)
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.”
In the italic heading before section 94, for “or revocation” substitute “,
revocation or renewal”.
“94A Renewal of notices
(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.”
In section 255 (further provision about national security notices and technical A relevant notice ceases to have effect at the end of the relevant period it is varied in accordance with section 256(4)(c) or (5)(c) so as it is renewed (see section
256A
), or it is revoked or otherwise ceases to have effect (see section In subsection
(5A)
the “relevant period” means the period of two years in the case of a relevant notice that has been so varied or
capability notices), after subsection (5) insert—
“(5A)
unless before the end of that period—
(a)
to impose further requirements on the person to whom the
notice was given,
(b)
(c)
256).
(5B)
beginning with—
(a)
(b)
renewed, the day after the day at the end of which the relevant
notice would have ceased to have effect if it had not been so
varied or renewed.”
“256A Renewal of notices
(1)If the renewal conditions are met, a relevant notice may be renewed,
at any time during the renewal period, by a notice given by the
Secretary of State.
(2)The renewal conditions for a national security notice given under
section 252 are that—
(a)the Secretary of State considers that the notice is still necessary
in the interests of national security,
(b)the Secretary of State considers that the conduct required by
the notice is still proportionate to what is sought to be achieved
by that conduct, and
(c)the decision to renew the notice has been approved by a
Judicial Commissioner.
(3)The renewal conditions for a technical capability notice given under
section 253 are that—
(a)the Secretary of State considers that the notice is still necessary
for securing that the relevant operator has the capability to
provide any assistance which the operator may be required to
provide in relation to any relevant authorisation,
(b)the Secretary of State considers that the conduct required by
the notice is still proportionate to what is sought to be achieved
by that conduct, and
(c)the decision to renew the notice has been approved by a
Judicial Commissioner.
(4)The renewal period means the period of 30 days ending with the day
at the end of which the relevant notice would otherwise cease to have
effect.
(5)If the Secretary of State renews a relevant notice given to any person,
the Secretary of State must give that person notice in writing of the
renewal.
(6)Sections 254, 255(2) to (4) and (7) and 257 apply in relation to the
renewal of a relevant notice as they apply in relation to the giving of
a relevant notice.
(7)Section 255(6) applies to any notice of the renewal of a technical
capability notice as it applies to a technical capability notice.
(8)In this section—
“
relevant authorisation” has the meaning given by section 253;“
relevant notice” means—
(a)a national security notice under section 252, or
(b)a technical capability notice under section 253;
“
relevant operator” has the meaning given by section 253.”
“258A Notification of proposed changes to telecommunications services etc
(1)The Secretary of State may give a relevant operator a notice in writing
under this section requiring the operator to notify the Secretary of
State of any proposals of the operator to make any relevant changes
specified in the notice.
(2)In this section “relevant change” means a change—
(a)to a service or system within subsection (3) , and
(b)that is specified in regulations made by the Secretary of State
as a change that may be included in a notice given under this
section.
(3)The following are within this subsection—
(a)telecommunications services offered or provided by the
operator;
(b)telecommunication systems controlled or provided by the
operator;
(c)postal services provided by the operator.
(4)Regulations under subsection (2) may in particular specify changes
by reference to the impact of the changes on the capability of a relevant
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 may give a relevant operator a notice under
this section only if the Secretary of State considers that—
(a)the notice is necessary for maintaining the capability of the
relevant 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, and
(b)the conduct required by the notice is proportionate to what is
sought to be achieved by that conduct.
(6)Before giving a notice under this section, the Secretary of State must
among other matters take into account—
(a)the likely benefits of the notice,
(b)the likely number of users (if known) of any postal or
telecommunications service to which the notice relates,
(c)the likely cost of complying with the notice, and
(d)any other effect of the notice on the operator to whom it relates.
(7)Before giving a notice under this section to a relevant operator, the
Secretary of State must consult that operator.
(8)A person to whom a notice is given under this section, or any person
employed or engaged for the purposes of that person's business, must
not disclose the existence or contents of the notice to any other person
without the permission of the Secretary of State.
(9)A relevant operator to whom a notice is given under this section must
comply with the notice a reasonable time before making any relevant
changes to which the notice relates.
(10)
(11)In this section “relevant operator” means—
(a)a postal operator,
(b)a telecommunications operator, or
(c)a person who is proposing to become a postal operator or a
telecommunications operator,
who meets the condition in subsection (12) .
(12)The condition in this subsection is that the operator or person provides
(or has provided) assistance in relation to any warrant, authorisation
or notice issued or given under this Act.
258B Variation and revocation of notices given under section 258A
(1)In this section “relevant notice” means a notice given under section
258A .
(2)The Secretary of State may—
(a)vary a relevant notice;
(b)revoke a relevant notice (whether wholly or in part).
(3)The Secretary of State may vary a relevant notice only if the Secretary
of State considers that—
(a)the notice, as varied, is necessary for maintaining the capability
of the relevant 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, and
(b)the conduct required by the notice, as varied, is proportionate
to what is sought to be achieved by that conduct.
(4)If the Secretary of State varies or revokes a relevant notice given to
any person, the Secretary of State must give that person notice in
writing of the variation or revocation.
(5)The fact that a relevant notice has been revoked in relation to a
particular person does not prevent the giving of another relevant notice
of the same kind in relation to the same person.
(6)
(7)
In section 267(3) (regulations)—
omit the “or” after paragraph (j);
The Regulation of Investigatory Powers Act 2000 is amended as follows.
In section 65 (the Tribunal)—
in subsection (5)(czi)—
for “or 253” substitute “, 253 or 258A”;
for “or technical capability” substitute “, technical capability or
proposed changes to telecommunications services etc”;
in subsection (5)(czl)(iii), for “or 253” substitute “, 253 or 258A”;
in subsection (8)(bc), for “or 253” substitute “, 253 or 258A”.
In section 67 (exercise of the Tribunal’s jurisdiction), in subsection (7)(azc),
for “or 253” substitute “, 253 or 258A”.
In section 68 (Tribunal procedure)—
in subsection (5)(b), for “or 253” substitute “, 253 or 258A”;
in subsection (7)(f), for “or 253” substitute “, 253 or 258A”;
in subsection (7)(ha), for “or 253” substitute “, 253 or 258A”.
Section 26 of the Investigatory Powers Act 2016 (interception and examination
of communications: Members of Parliament etc) is amended as follows.
In subsection (2)—
the words “the Prime Minister” become paragraph (a);
(b)if conditions A and B are met, an individual (other than
that Secretary of State) designated by the Prime Minister
under this section.”
“(2A)Condition A is that the Prime Minister is unavailable to decide whether
to give approval under subsection (2).
(2B)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.
(2C)The Prime Minister may designate an individual under this section
only if the individual holds the office of Secretary of State.
(2D)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.
(2E)In this section “senior official” means a member of the Senior Civil
Service or a member of the Senior Management Structure of His
Majesty's Diplomatic Service.”
Section 111 of the Investigatory Powers Act 2016 (equipment interference:
Members of Parliament etc) is amended as follows.
In subsection (3)—
the words “the Prime Minister” become paragraph (a);
(b)if conditions A and B are met, an individual (other than
that Secretary of State) designated by the Prime Minister
under this section.”
In subsection (6)—
the words “the Prime Minister” become paragraph (a);
(b)if conditions A and B are met, an individual (other than
that Secretary of State) designated by the Prime Minister
under this section.”
“(7A)Condition A is that the Prime Minister is unavailable to decide whether
to give approval under subsection (3) or (as the case may be) (6).
(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 an individual under this section
only if the individual holds the office of Secretary of State.
(7D)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.”
In the entry relating to the Chief Constable of a police force maintained under
section 2 of the Police Act 1996, in the second column—
for “section 12A(1) of the Police Act 1996” substitute “section 41(1) of
the Police Reform and Social Responsibility Act 2011”;
for “section 12A(2)” substitute “section 41(5)”.
In the entry relating to the Director General of the National Crime Agency—
in the first column, after “General” insert “or a Deputy Director
General”;
in the second column, after “General” insert “or a Deputy Director
General”.
In section 107(3) of the Investigatory Powers Act 2016 (restriction on issue of
warrants to certain law enforcement officers)—
after “General”, in the first place it occurs, insert “or a Deputy Director
General”;
after “General”, in the second place it occurs, insert “or the Deputy
Director General (as the case may be)”.
But subsection (3) does not apply where the modification— is made in accordance with section 119(1), and is to remove any matter, name or description included in the
In section 121 of the Investigatory Powers Act 2016 (notification of
modifications), after subsection (3) insert—
“(4)
(a)
(b)
warrant in accordance with section 115(3) to (5).”
But the Secretary of State may not issue a targeted examination warrant the Secretary of State considers that the only ground for the warrant, if issued, would relate only to a person who would
In section 102 of the Investigatory Powers Act 2016 (power to issue warrants
to intelligence services: the Secretary of State), for subsection (4) substitute—
“(4)
under subsection (3) if—
(a)
considering the warrant to be necessary is for the purpose of
preventing or detecting serious crime, and
(b)
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.”
Schedule 3 to the Investigatory Powers Act 2016 (exceptions to section 56) is
amended as follows.
“Proceedings relating to release of prisoners etc in England and Wales
12A(1)
Section 56(1) does not apply in relation to—
(a)any proceedings before the Parole Board, or
(b)any proceedings arising out of such proceedings.
(2)But sub-paragraph (1) does not permit the disclosure of anything
to—
(a)any person, other than the Secretary of State, who is or was
a party to the proceedings, or
(b)any person who—
(i)represents such a person for the purposes of the
proceedings, and
(ii)does so otherwise than by virtue of appointment as
a special advocate.”
“25(1)
Nothing in section 56(1) prohibits—
(a)a disclosure to a relevant coroner conducting an NI
investigation or inquest, or
(b)a disclosure to a qualified person—
(i)appointed as legal adviser to an inquest conducted
by the coroner, or
(ii)employed under section 11(3) of the Coroners Act
(Northern Ireland) 1959 (c. 15) (“the 1959 Act”) by a
relevant coroner to assist the coroner in an
investigation conducted by the coroner,
where, in the course of the investigation or inquest, the relevant
coroner (“C”) has ordered the disclosure to be made to C alone or
(as the case may be) to C and any qualified person appointed or
employed by C as mentioned in paragraph (b) .
(2)A relevant coroner may order a disclosure under sub-paragraph (1)
only if the coroner considers that the exceptional circumstances of
the case make the disclosure essential in the interests of justice.
(3)In a case where a coroner (“C”) conducting, or who has been
conducting, an NI investigation or inquest is not a relevant coroner,
nothing in section 56(1) prohibits—
(a)a disclosure to C that there is intercepted material in
existence which is, or may be, relevant to the investigation
or inquest;
(b)a disclosure to a qualified person appointed by C as legal
adviser to the inquest or employed by C under section 11(3)
of the 1959 Act to assist C in the investigation, which is made
for the purposes of determining—
(i)whether any intercepted material is, or may be,
relevant to the investigation, and
(ii)if so, whether it is necessary for the material to be
disclosed to the person conducting the investigation.
(4)In sub-paragraph (3) “intercepted material” means—
(a)any content of an intercepted communication (within the
meaning of section 56), or
(b)any secondary data obtained from a communication.
(5)In this paragraph—
“
the 1959 Act” has the meaning given by sub-paragraph (1) ;“
coroner” means a coroner appointed under section 2 of the
1959 Act;“
NI investigation or inquest” means an investigation under
section 11(1) of the 1959 Act or an inquest under section 13
or 14 of that Act;“
qualified person” means a member of the Bar of Northern
Ireland, or a solicitor of the Court of Judicature of Northern
Ireland);“
relevant coroner” means a coroner who is a judge of the High
Court or of a county court in Northern Ireland.
26(1)
Nothing in section 56(1) prohibits—
(a)a disclosure to a relevant person conducting an inquiry under
the Inquiries into Fatal Accidents and Sudden Deaths etc.
(Scotland) Act 2016 (2016 asp 2) (“IFASDA 2016”), or
(b)a disclosure to a qualified person appointed under section
24 of that Act to assist a relevant person in the inquiry,
where, in the course of the inquiry, the person conducting the
inquiry has ordered the disclosure to be made to that person alone
or (as the case may be) to that person and any qualified person
appointed to assist a relevant person in the inquiry.
(2)A relevant person may order a disclosure under sub-paragraph (1)
only if the person considers that the exceptional circumstances of
the case make the disclosure essential in the interests of justice.
(3)Nothing in section 56(1) prohibits—
(a)a disclosure to a relevant person conducting an inquiry under
IFASDA 2016, or
(b)a disclosure to a qualified person appointed under section
24 of that Act to assist a relevant person in the inquiry,
that there is intercepted material in existence which is, or may be,
relevant to the inquiry.
(4)In sub-paragraph (3) “intercepted material” means—
(a)any content of an intercepted communication (within the
meaning of section 56), or
(b)any secondary data obtained from a communication.
(5)In this paragraph “relevant person” means—
(a)a sheriff principal,
(b)a temporary sheriff principal, or
(c)a sheriff or part-time sheriff (but not a summary sheriff or
part-time summary sheriff) designated as a specialist under
section 37(1) or (3) of IFASDA 2016.
(6)In this paragraph “qualified person” means an advocate or solicitor;
and “advocate” and “solicitor” have the same meaning as in IFASDA
2016 (see section 40 of that Act).”
a Judicial Commissioner within the meaning of the Investigatory
In section 23(3) of the Freedom of Information Act 2000 (information supplied
by, or relating to, bodies dealing with security matters), after paragraph (o)
insert—
“(p)
Powers Act 2016 (see section 263(1) of that Act).”
The Secretary of State may by regulations made by statutory instrument make
provision that is consequential on this Act.
Regulations under subsection
(1)
may, in particular, amend or repeal provision
made by or under an Act passed before, or in the same session as, this Act.
A statutory instrument containing (whether alone or with other provision)
regulations under this section which amend or repeal an Act may not be
made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
This Act extends to England and Wales, Scotland and Northern Ireland, subject
as follows.
Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the provision amended or repealed.
The power under section 272(6) of the Investigatory Powers Act 2016 may be
exercised so as to extend to the Isle of Man or any of the British overseas
territories any amendment or repeal made by or under this Act of any part
of that Act (with or without modifications).
This Part comes into force on the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary
of State may by regulations made by statutory instrument appoint.
Different days may be appointed for different purposes.
The Secretary of State may by regulations made by statutory instrument make
transitional or saving provision in connection with the coming into force of
any provision of this Act.
The power to make regulations under subsection
(4)
includes power to make
different provision for different purposes.
This Act may be cited as the Investigatory Powers (Amendment) Act 2024.
In section 20 of the Health and Safety at Work etc Act 1974 (powers of
inspectors), omit subsections (9) and (10).
In section 2 of the Criminal Justice Act 1987 (investigation of powers of
the Director of Serious Fraud Office), omit subsections (10A) and (10B).
In section 29 of the Consumer Protection Act 1987 (powers of search etc),
omit subsections (8) and (9).
In section 71 of the Environmental Protection Act 1990 (obtaining of
information from persons and authorities), omit subsections (5) and (6).
In section 175 of the Financial Services and Markets Act 2000 (information
gathering and investigations: supplemental provision), omit subsections
(5A) and (5B).
In consequence of paragraphs 1 to 5 omit paragraphs 1 to 4 and 9 of
Schedule 2 to the Investigatory Powers Act 2016 (abolition of disclosure
powers).
A
bill
to
Amend the Investigatory Powers Act 2016; to make provision about information supplied by, or relating to, the Judicial Commissioners; and for connected purposes.
Ordered to be Printed, .
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