Anti-terrorism, Crime and Security Act 2001

102 Codes and agreements about the retention of communications dataU.K.

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(1)The Secretary of State shall issue, and may from time to time revise, a code of practice relating to the retention by communications providers of communications data obtained by or held by them.

(2)The Secretary of State may enter into such agreements as he considers appropriate with any communications provider about the practice to be followed by that provider in relation to the retention of communications data obtained by or held by that provider.

(3)A code of practice or agreement under this section may contain any such provision as appears to the Secretary of State to be necessary—

(a)for the purpose of safeguarding national security; or

(b)for the purposes of prevention or detection of crime or the prosecution of offenders which may relate directly or indirectly to national security.

(4)A failure by any person to comply with a code of practice or agreement under this section which is for the time being in force shall not of itself render him liable to any criminal or civil proceedings.

(5)A code of practice or agreement under this section which is for the time being in force shall be admissible in evidence in any legal proceedings in which the question arises whether or not the retention of any communications data is justified on the grounds that a failure to retain the data would be likely to prejudice national security, the prevention or detection of crime or the prosecution of offenders.