The Regulation of Investigatory Powers (Communications Data) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order specifies additional public authorities for the purposes of section 25(1) of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”). Public authorities specified for the purposes of section 25 are entitled to acquire communications data under the provisions in Chapter II of Part I of the 2000 Act. The Order specifies which individuals within those public authorities, and the public authorities already listed in the 2000 Act, are entitled to acquire communications data. It also places restrictions on the grounds on which they may acquire communications data and the types of communications data they way acquire.

Column 1 of the two Schedules to the Order lists the public authorities. Column 1 of Schedule 1 contains the public authorities already listed within section 25(1) of the 2000 Act. The public authorities listed in Parts I, III and IV of column 1 of Schedule 2 are specified by article 3 as additional public authorities under the 2000 Act.

By virtue of articles 2 and 4 column 2 of the Schedules lists the individuals holding an office, rank or position within each public authority who may acquire communications data. Article 5 provides that more senior individuals with those public authorities may also acquire communications data in the same circumstances to those to whom they are senior. Certain less senior officials listed in column 3 of the Schedules can acquire communications date defined in section 21(4)(c) of the 2000 Act. This type of data is known as subscriber data.

An individual holding a particular office, rank or position can only acquire communications data on the particular grounds, set out in the different paragraphs of section 22(2) of the 2000 Act, found in the entry in column 4 of the Schedules corresponding to the entry for that individual in column 2 or 3. Where the grounds on which communications data is to be obtained is not national security, the prevention or detection of crime or the prevention of disorder, the economic well being of the UK, or in an emergency to prevent death or injury, then only subscriber data may be acquired.

Subject to these restrictions individuals holding offices, ranks or positions listed in Schedule 1 or Part I of Schedule 2 are entitled to acquire all types of communications data. Individuals holding offices, ranks or positions listed in Parts II and III of Schedule 2 are not entitled to acquire traffic data as defined in section 21(4)(a) (read with sections 21(6) and (7)) of the 2000 Act. Individuals within the Postal Services Commission can only acquire communications data about postal services. Individuals in the Inland Revenue can acquire all communications data other than traffic data that does not relate to a postal service.