- Latest available (Revised)
- Point in Time (05/02/2019)
- Original (As made)
Point in time view as at 05/02/2019.
There are currently no known outstanding effects for the The Data Retention and Acquisition Regulations 2018, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8.—(1) Section 87 (powers to require retention of certain data) is amended as follows.
(2) In subsection (1)(a), for the words from “purposes falling” to “obtained),” substitute “following purposes—
(i)in the interests of national security,
(ii)for the applicable crime purpose (see subsection (10A)),
(iii)in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,
(iv)in the interests of public safety,
(v)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,
(vi)to assist investigations into alleged miscarriages of justice,”.
(3) In subsection (8), after paragraph (a) insert—
“(aa)each telecommunications service (or description of telecommunications service) to which it relates,”.
(4) In subsection (10), for the words from “paragraphs” to the end substitute “ sub-paragraphs (i) to (vi) of subsection (1)(a) ”.
(5) After subsection (10) insert—
“(10A) In this section, “the applicable crime purpose” means—
(a)to the extent that a retention notice relates to events data, the purpose of preventing or detecting serious crime;
(b)to the extent that a retention notice relates to entity data, the purpose of preventing or detecting crime or of preventing disorder.
(10B) In subsection (10A)(a), “serious crime” means, in addition to crime which falls within paragraph (a) or (b) of the definition of “serious crime” in section 263(1), crime where the offence, or one of the offences, which is or would be constituted by the conduct concerned is—
(a)an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of 12 months or more (disregarding any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions), or
(b)an offence—
(i)by a person who is not an individual, or
(ii)which involves, as an integral part of it, the sending of a communication or a breach of a person's privacy.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: