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Investigatory Powers (Amendment) Act 2024

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This is the original version (as it was originally enacted).

Retention notices

16Powers to require retention of certain data

(1)Section 87 of the Investigatory Powers Act 2016 (powers to require retention of certain data) is amended as follows.

(2)In subsection (4)—

(a)in the words before paragraph (a), after “data” insert “, other than data which is, or can only be obtained by processing, an internet connection record,”;

(b)in paragraph (a), after “provided” insert “(solely or jointly with another person)”;

(c)after paragraph (a) insert—

“(aa)does not relate to a relevant roaming service,”.

(3)After subsection (4) insert—

“(4A)In subsection (4) “relevant roaming service” means a telecommunications service provided by the system operator under an agreement with a telecommunications operator outside the United Kingdom (the “non-UK operator”) which facilitates the use by persons in the United Kingdom of the system operator’s telecommunication system to access one or more telecommunications services of the non-UK operator.”

(4)In subsection (11), in the words after paragraph (e)—

(a)for “and” substitute “(and”;

(b)for “records” substitute “records)”.

17Extra-territorial enforcement of retention notices etc

(1)Part 4 of the Investigatory Powers Act 2016 is amended as follows.

(2)In section 95 (enforcement of notices and certain other requirements and restrictions), in subsection (5), after “enforceable” insert “(whether or not the person is in the United Kingdom)”.

(3)In section 97 (extra-territorial application of Part 4), omit subsection (2).

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