Investigatory Powers Act 2016 - Legislation.gov.uk

1 Investigatory Powers Act 2016 CHAPTER 25 Powers ACT 2016 Published by TSO (The Stationery Office), part of Williams Lea Tag, and available , Telephone, Fax & E-mailTSOPO Box 29, Norwich, NR3 1 GNTelephone orders/General enquiries: 0333 202 5070 Fax orders: 0333 202 5080E-mail: 0333 202 5077 TSO@Blackwell and other Accredited Agents57828 Chapter 25 Act 2016_Cover 15mm 102/12/2016 15:29 Investigatory Powers Act 2016 CHAPTER 25 CONTENTSPART 1 GENERAL PRIVACY PROTECTIONSO verview and general privacy duties1 Overview of Act2 General duties in relation to privacyProhibitions against unlawful interception3 Offence of unlawful interception4 Definition of interception that is not interception6 Definition of lawful authority 7 Monetary penalties for certain unlawful interceptions8 Civil liability for certain unlawful interceptions9 Restriction on requesting interception by overseas authorities10 Restriction on requesting assistance under mutual assistance agreements against unlawful obtaining of communications data11 Offence of unlawfully obtaining communications dataAbolition or restriction of Powers to obtain communications data12 Abolition or restriction of certain Powers

2 To obtain communications dataRestrictions on interference with equipment13 Mandatory use of equipment interference warrants14 Restriction on use of section 93 of the Police Act 1997 Investigatory Powers Act 2016 (c. 25)iiPART 2 LAWFUL INTERCEPTION OF COMMUNICATIONSCHAPTER 1 INTERCEPTION AND EXAMINATION WITH A WARRANTW arrants under this Chapter15 Warrants that may be issued under this Chapter16 Obtaining secondary data17 Subject-matter of warrantsPower to issue warrants18 Persons who may apply for issue of a warrant19 power of Secretary of State to issue warrants20 Grounds on which warrants may be issued by Secretary of State21 power of Scottish Ministers to issue warrants22 Relevant Scottish applications Approval of warrants by Judicial Commissioners23 Approval of warrants by Judicial Commissioners24 Approval of warrants issued in urgent cases25 Failure to approve warrant issued in urgent caseAdditional safeguards26 Members of Parliament subject to legal privilege28 Confidential journalistic material29

3 Sources of journalistic informationFurther provision about warrants30 Decisions to issue warrants to be taken personally by Ministers31 Requirements that must be met by warrants32 Duration of warrants33 Renewal of warrants34 Modification of warrants35 Persons who may make modifications36 Further provision about modifications37 Notification of major modifications38 Approval of major modifications made in urgent cases39 Cancellation of warrants40 Special rules for certain mutual assistance warrantsImplementation of warrants41 Implementation of warrants42 Service of warrants43 Duty of operators to assist with implementationInvestigatory Powers Act 2016 (c. 25)iiiCHAPTER 2 OTHER FORMS OF LAWFUL INTERCEPTIONI nterception with consent44 Interception with the consent of the sender or recipientInterception for administrative or enforcement purposes45 Interception by providers of postal or telecommunications services46 Interception by businesses etc.

4 For monitoring and record-keeping purposes47 Postal services: interception for enforcement purposes48 Interception by OFCOM in connection with wireless telegraphyInterception taking place in certain institutions49 Interception in prisons50 Interception in psychiatric hospitals in immigration detention facilitiesInterception in accordance with overseas requests52 Interception in accordance with overseas requestsCHAPTER 3 OTHER PROVISIONS ABOUT INTERCEPTIONR estrictions on use or disclosure of material obtained under warrants relating to retention and disclosure of material54 Safeguards relating to disclosure of material overseas55 Additional safeguards for items subject to legal privilege56 Exclusion of matters from legal proceedings not to make unauthorised disclosures58 Section 57: meaning of excepted disclosure 59 Offence of making unauthorised disclosuresInterpretation60 Part 2: interpretationPART 3 AUTHORISATIONS FOR OBTAINING COMMUNICATIONS DATAT argeted authorisations for obtaining data61 power to grant authorisations62 Restrictions in relation to internet connection records63 Additional restrictions on grant of authorisations64 Procedure for authorisations and authorised notices65 Duration and cancellation of authorisations and noticesInvestigatory Powers Act 2016 (c.)

5 25)iv66 Duties of telecommunications operators in relation to authorisationsFiltering arrangements for obtaining data67 Filtering arrangements for obtaining data68 Use of filtering arrangements in pursuance of an authorisation69 Duties in connection with operation of filtering arrangementsRelevant public authorities other than local authorities70 Relevant public authorities and designated senior officers to modify section 70 and Schedule 472 Certain regulations under section 71: supplementaryLocal authorities73 Local authorities as relevant public authorities74 Requirement to be party to collaboration agreement75 Judicial approval for local authority authorisationsAdditional protections76 Use of a single point of contact77 Commissioner approval for authorisations to identify or confirm journalisticsourcesCollaboration agreements78 Collaboration agreements79 Collaboration agreements: supplementary80 Police collaboration agreementsFurther and supplementary provision81 Lawfulness of conduct authorised by this Part82 Offence of making unauthorised disclosure83 Certain transfer and agency arrangements with public authorities84 Application of Part 3 to postal operators and postal services85 Extra-territorial application of Part 386 Part 3.

6 InterpretationPART 4 RETENTION OF COMMUNICATIONS DATAG eneral87 Powers to require retention of certain dataSafeguards88 Matters to be taken into account before giving retention notices89 Approval of retention notices by Judicial Commissioners90 Review by the Secretary of StateInvestigatory Powers Act 2016 (c. 25)v91 Approval of notices following review under section 9092 Data integrity and security93 Disclosure of retained dataVariation or revocation of notices94 Variation or revocation of noticesEnforcement95 Enforcement of notices and certain other requirements and restrictionsFurther and supplementary provision96 Application of Part 4 to postal operators and postal services97 Extra-territorial application of Part 498 Part 4: interpretationPART 5 EQUIPMENT INTERFERENCEW arrants under this Part99 Warrants under this Part: general100 Meaning of equipment data 101 Subject-matter of warrantsPower to issue warrants102 power to issue warrants to intelligence services: the Secretary of State103 power to issue warrants to intelligence services.

7 The Scottish Ministers104 power to issue warrants to the Chief of Defence Intelligence105 Decision to issue warrants under sections 102 to 104 to be taken personally byMinisters106 power to issue warrants to law enforcement officers107 Restriction on issue of warrants to certain law enforcement officersApproval of warrants by Judicial Commissioners108 Approval of warrants by Judicial Commissioners109 Approval of warrants issued in urgent cases110 Failure to approve warrant issued in urgent caseAdditional safeguards111 Members of Parliament subject to legal privilege113 Confidential journalistic material114 Sources of journalistic informationFurther provision about warrants115 Requirements that must be met by warrantsInvestigatory Powers Act 2016 (c. 25)vi116 Duration of warrants117 Renewal of warrants118 Modification of warrants issued by the Secretary of State or Scottish Ministers119 Persons who may make modifications under section 118120 Further provision about modifications under section 118121 Notification of modifications122 Approval of modifications under section 118 made in urgent cases123 Modification of warrants issued by law enforcement chiefs124 Approval of modifications under section 123 in urgent cases125 Cancellation of warrantsImplementation of warrants126 Implementation of warrants127 Service of warrants128 Duty of telecommunications operators to assist with implementationSupplementary provision129 Safeguards relating to retention and disclosure of material130 Safeguards relating to disclosure of material overseas131

8 Additional safeguards for items subject to legal privilege132 Duty not to make unauthorised disclosures133 Section 132: meaning of excepted disclosure 134 Offence of making unauthorised disclosure135 Part 5: interpretationPART 6 BULK WARRANTSCHAPTER 1 BULK INTERCEPTION WARRANTSBulk interception warrants136 Bulk interception warrants137 Obtaining secondary data138 power to issue bulk interception warrants139 Additional requirements in respect of warrants affecting overseas operators140 Approval of warrants by Judicial Commissioners141 Decisions to issue warrants to be taken personally by Secretary of State142 Requirements that must be met by warrantsDuration, modification and cancellation of warrants143 Duration of warrants144 Renewal of warrants145 Modification of warrants146 Approval of major modifications by Judicial Commissioners147 Approval of major modifications made in urgent cases148 Cancellation of warrantsInvestigatory Powers Act 2016 (c.)

9 25)viiImplementation of warrants149 Implementation of warrantsRestrictions on use or disclosure of material obtained under warrants relating to retention and disclosure of material151 Safeguards relating to disclosure of material overseas152 Safeguards relating to examination of material153 Additional safeguards for items subject to legal privilege154 Additional safeguard for confidential journalistic material155 Offence of breaching safeguards relating to examination of material156 Application of other restrictions in relation to warrantsInterpretation157 Chapter 1: interpretationCHAPTER 2 BULK ACQUISITION WARRANTSBulk acquisition warrants158 power to issue bulk acquisition warrants159 Approval of warrants by Judicial Commissioners160 Decisions to issue warrants to be taken personally by Secretary of State161 Requirements that must be met by warrantsDuration.

10 Modification and cancellation of warrants162 Duration of warrants163 Renewal of warrants164 Modification of warrants165 Approval of major modifications by Judicial Commissioners166 Approval of major modifications made in urgent cases167 Cancellation of warrantsImplementation of warrants168 Implementation of warrants169 Service of warrants170 Duty of operators to assist with implementationRestrictions on use or disclosure of data obtained under warrants relating to the retention and disclosure of data172 Safeguards relating to examination of data173 Offence of breaching safeguards relating to examination of dataSupplementary provision174 Offence of making unauthorised disclosure175 Chapter 2: interpretationInvestigatory Powers Act 2016 (c. 25)viiiCHAPTER 3 BULK EQUIPMENT INTERFERENCE WARRANTSBulk equipment interference warrants176 Bulk equipment interference warrants.