Investigatory Powers Act 2016 (c. 25)

Part 1 General privacy protections

Abolition or restriction of powers to obtain communications data

12 Abolition or restriction of certain powers to obtain communications data

(1) Schedule 2 (which repeals certain information powers so far as they enable public authorities to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator) has effect.

(2) Any general information power which—

(a) would (apart from this subsection) enable a public authority to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator, and

(b) does not involve a court order or other judicial authorisation or warrant and is not a regulatory power or a relevant postal power,

is to be read as not enabling the public authority to secure such a disclosure.

(3) A regulatory power or relevant postal power which enables a public authority to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator may only be exercised by the public authority for that purpose if it is not possible for the authority to use a power under this Act to secure the disclosure of the data.

(4) The Secretary of State may by regulations modify any enactment in consequence of subsection (2).

(5) In this section “general information power” means—

(a) in relation to disclosure by a telecommunications operator, any power to obtain information or documents (however expressed) which—

(i) is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and

(ii) does not deal (whether alone or with other matters) specifically with telecommunications operators or any class of telecommunications operators, and

(b) in relation to disclosure by a postal operator, any power to obtain information or documents (however expressed) which—

(i) is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and

(ii) does not deal (whether alone or with other matters) specifically with postal operators or any class of postal operators.

(6) In this section—

• “power” includes part of a power,

• “regulatory power” means any power to obtain information or documents (however expressed) which—

  (a)

  is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and

  (b)

  is exercisable in connection with the regulation of—

  (i)

  telecommunications operators, telecommunications services or telecommunication systems, or

  (ii)

  postal operators or postal services,

• “relevant postal power” means any power to obtain information or documents (however expressed) which—

  (a)

  is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and

  (b)

  is exercisable in connection with the conveyance or expected conveyance of any postal item into or out of the United Kingdom,

and references to powers include duties (and references to enabling and exercising are to be read as including references to requiring and performing).