Part 3Communications data etc
Communications data
I114Powers to obtain communications data
1
Section 12 of the Investigatory Powers Act 2016 (abolition or restriction of certain powers to obtain communications data) is amended in accordance with subsections (2) to (6).
2
In subsection (2)(b) omit “and is not a regulatory power or a relevant postal power”.
3
In subsection (2A), at the end insert “and subsection (2B)”
.
4
After subsection (2A) insert—
2B
Subsection (2) does not apply to the exercise by a specified public authority, otherwise than in the course of a criminal investigation, of a general information power which is a regulatory or supervisory power.
2C
For the purposes of subsection (2B), “criminal investigation” means an investigation of any criminal conduct, including—
a
an investigation of alleged or suspected criminal conduct, and
b
an investigation of whether criminal conduct has taken place.
2D
For the purposes of subsection (2B), the exercise of a general information power which is a regulatory or supervisory power is treated as not being in the course of a criminal investigation if at the time of the exercise of the power the investigation is not being conducted with a view to seeking a criminal prosecution.
5
Omit subsection (3).
6
After subsection (5) insert—
5A
In this section “specified public authority” means a public authority which is—
a
listed in Schedule 2A, or
b
listed in column 1 of the table in Schedule 4.
5B
The Secretary of State or the Treasury may by regulations modify Schedule 2A by—
a
adding a public authority to, or
b
removing a public authority from,
the list in that Schedule.
7
In subsection (6)—
a
at the appropriate place insert—
“criminal conduct” means conduct which constitutes an offence under the law of any part of the United Kingdom,
b
for the definition of “regulatory power” substitute—
“regulatory or supervisory power” means any power (however expressed) to obtain information or documents 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—
- i
the regulation of persons or activities,
- ii
the checking or monitoring of compliance with requirements, prohibitions or standards imposed by or under an enactment, or
- iii
the enforcement of any requirement or prohibition imposed by or under an enactment,
c
omit the definition of “relevant postal power”.
8
In section 267 of the Investigatory Powers Act 2016 (regulations), in subsection (5), after paragraph (a) insert—
aa
regulations under section 12(5B),
9
In the Investigatory Powers Act 2016, after Schedule 2 insert—
Schedule 2ASpecified public authorities for the purposes of section 12
1
The Treasury.
2
A local authority.
In this Schedule “local authority” has the same meaning as in Part 3 (see section 86).
10
The Schedule reverses the effect of certain repeals of disclosure powers, and makes consequential and supplementary provision.