Part 3Authorisations for obtaining communications data
Targeted authorisations for obtaining data F1: designated senior officers
61AF2Power of designated senior officers to grant authorisations: urgent cases
1
Subsection (2) applies if a designated senior officer of a relevant public authority considers—
a
that it is necessary to obtain communications data for a purpose falling within subsection (7),
b
that it is necessary to obtain the data for the purposes of a specific investigation or a specific operation,
c
that there is an urgent need to obtain the data, and
d
that the conduct authorised by the authorisation is proportionate to what is sought to be achieved.
2
The designated senior officer may authorise any officer of the relevant public authority to engage in any conduct which—
a
is for the purpose of obtaining the data from any person, and
b
relates to—
i
a telecommunication system, or
ii
data derived from a telecommunication system.
3
Subsections (1) and (2) are subject to—
a
section 62 (restrictions in relation to internet connection records),
b
sections 70, 73 and 75 and Schedule 4 (restrictions relating to certain relevant public authorities),
d
section 76 (requirement to consult a single point of contact), and
e
section 77 (Commissioner approval for authorisations to identify or confirm journalistic sources).
4
Authorised conduct may, in particular, consist of an authorised officer—
a
obtaining the communications data themselves from any person or telecommunication system,
b
asking any person whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—
i
to obtain the data (if not already in possession of it), and
ii
to disclose the data (whether already in the person’s possession or subsequently obtained by that person) to a person identified by, or in accordance with, the authorisation, or
c
requiring by notice a telecommunications operator whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—
i
to obtain the data (if not already in possession of it), and
ii
to disclose the data (whether already in the operator’s possession or subsequently obtained by the operator) to a person identified by, or in accordance with, the authorisation.
5
An authorisation—
a
may relate to data whether or not in existence at the time of the authorisation,
b
may authorise the obtaining or disclosure of data by a person who is not an authorised officer, or any other conduct by such a person, which enables or facilitates the obtaining of the communications data concerned, and
c
may, 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.
6
An authorisation—
a
may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system, and
b
may not authorise an authorised officer to ask or require, in the circumstances mentioned in subsection (4)(b) or (c), a person to disclose the data to any person other than—
i
an authorised officer, or
ii
an officer of the same relevant public authority as an authorised officer.
7
It is necessary to obtain communications data for a purpose falling within this subsection if it is necessary to obtain the data—
a
for the applicable crime purpose (see subsection (8)),
b
in the interests of public safety,
c
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,
d
to assist investigations into alleged miscarriages of justice, or
e
where a person (“P”) has died or is unable to identify themselves because of a physical or mental condition—
i
to assist in identifying P, or
ii
to obtain information about P’s next of kin or other persons connected with P or about the reasons for P’s death or condition.
8
In subsection (7)(a), “the applicable crime purpose” means—
a
where the communications data is wholly or partly events data, the purpose of preventing or detecting serious crime;
b
in any other case, the purpose of preventing or detecting crime or of preventing disorder.
9
The fact that the communications data which would be obtained in pursuance of an authorisation relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that it is necessary to obtain the data for a purpose falling within subsection (7).
10
See—
a
sections 70 and 73 for the meanings of “designated senior officer” and “relevant public authority”;
b
section 84 for the way in which this Part applies to postal operators and postal services;
c
section 86(2A) for the meaning of “serious crime”.
Words in s. 61 cross-heading inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), regs. 1(4)(b)(5), 6(1) (see S.I. 2019/174, reg. 2(c))