The Data Retention and Acquisition Regulations 2018
| Jurisdiction | UK Non-devolved |
(1) These Regulations may be cited as the Data Retention and Acquisition Regulations 2018.(2) This regulation and regulation 2 come into force on the day after the day on which these Regulations are made.regulation 3;regulation 4 for the purposes of regulations 8 to 10;regulations 8 and 9;regulation 10 for the purposes of paragraphs 22, 23 and 27(b) and (c) of Schedule 1;regulation 11 for the purposes of paragraph 2 of Schedule 2;paragraphs 22, 23 and 27(b) and (c) of Schedule 1;paragraph 2 of Schedule 2.regulation 4 for all remaining purposes;regulations 5 to 7;regulations 10 and 11 for all remaining purposes;Schedule 1 so far as not already in force;paragraph 1 of Schedule 2.(5) Where section 61(1) of the Investigatory Powers Act 2016 comes into force on a day only for a particular purpose or purposes specified in regulations under section 272(1) of that Act, the provisions specified in paragraph (4) come into force on that day only for that purpose or (as the case may be) those purposes.The code of practice entitled “Communications Data” laid before Parliament on 28th June 2018 has effect. (1) Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (2) Section 22 (obtaining and disclosing communications data) (3) For subsection (2) (b) substitute—“ the age of 21 ” .The Investigatory Powers Act 2016 is amended in accordance with regulations 5 to 10. After the heading of Part 3 insert— that it is necessary for the relevant public authority to obtain communications data for a purpose falling within subsection (7) ,for the purposes of a specific investigation or a specific operation, orfor the purposes of testing, maintaining or developing equipment, systems or other capabilities relating to the availability or obtaining of communications data, andthat the conduct authorised by the authorisation is proportionate to what is sought to be achieved.is for the purpose of obtaining the data from any person, anda telecommunication system, ordata derived from a telecommunication system.section 62 (restrictions in relation to internet connection records) ,sections 70, 73 and 75 and Schedule 4 (restrictions relating to certain relevant public authorities) ,section 76 (requirement to consult a single point of contact) , andsection 77 (Commissioner approval for authorisations to identify or confirm journalistic sources) .obtaining the communications data itself from any person or telecommunication system,to obtain the data (if not already in possession of it) , andto disclose the data (whether already in the person's possession or subsequently obtained by that person) to the relevant public authority, orto obtain the data (if not already in possession of it) , andto disclose the data (whether already in the operator's possession or subsequently obtained by the operator) to the relevant public authority.may relate to data whether or not in existence at the time of the authorisation,may authorise the obtaining or disclosure of data by a person other than the relevant public authority, or any other conduct by such a person, which enables or facilitates the obtaining of the communications data concerned, andmay, in particular, require a telecommunications operator who controls or provides a telecommunications system to obtain or disclose data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system.An authorisation may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system.in the interests of national security,for the applicable crime purpose (see subsection (8) ) ,in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,in the interests of public safety,for the purpose of preventing death or injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health,to assist investigations into alleged
- (b) for the applicable crime purpose;
- “(2A) In this section, “the applicable crime purpose” means—
- (a) where the communications data is wholly or partly data falling within section 21(4) (a) or (b) , the purpose of preventing or detecting serious crime;
- (b) in any other case, the purpose of preventing or detecting crime or of preventing disorder.
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“(1A) Until the day on which the amendment made to section 81(3) (a) of this Act by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force, the definition of “serious crime” in subsection (1) is to be read as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21) ” there were substituted
“ the age of 21 ” .
- (1) Subsection (2) applies if the Investigatory Powers Commissioner, on an application made by a relevant public authority, considers—
- (a) that it is necessary for the relevant public authority to obtain communications data for a purpose falling within subsection (7) ,
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(b) that it is necessary for the relevant public authority to obtain the data—
(i) for the purposes of a specific investigation or a specific operation, or (ii) for the purposes of testing, maintaining or developing equipment, systems or other capabilities relating to the availability or obtaining of communications data, and - (c) that the conduct authorised by the authorisation is proportionate to what is sought to be achieved.
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