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Data Retention and Investigatory Powers Act 2014

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1Powers for retention of relevant communications data subject to safeguards

This section has no associated Explanatory Notes

(1)The Secretary of State may by notice (a “retention notice”) require a public telecommunications operator to retain relevant communications data if the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within paragraphs (a) to (h) of section 22(2) of the Regulation of Investigatory Powers Act 2000 (purposes for which communications data may be obtained).

(2)A retention notice may—

(a)relate to a particular operator or any description of operators,

(b)require the retention of all data or any description of data,

(c)specify the period or periods for which data is to be retained,

(d)contain other requirements, or restrictions, in relation to the retention of data,

(e)make different provision for different purposes,

(f)relate to data whether or not in existence at the time of the giving, or coming into force, of the notice.

(3)The Secretary of State may by regulations make further provision about the retention of relevant communications data.

(4)Such provision may, in particular, include provision about—

(a)requirements before giving a retention notice,

(b)the maximum period for which data is to be retained under a retention notice,

(c)the content, giving, coming into force, review, variation or revocation of a retention notice,

(d)the integrity, security or protection of, access to, or the disclosure or destruction of, data retained by virtue of this section,

(e)the enforcement of, or auditing compliance with, relevant requirements or restrictions,

(f)a code of practice in relation to relevant requirements or restrictions or relevant powers,

(g)the reimbursement by the Secretary of State (with or without conditions) of expenses incurred by public telecommunications operators in complying with relevant requirements or restrictions,

(h)the 2009 Regulations ceasing to have effect and the transition to the retention of data by virtue of this section.

(5)The maximum period provided for by virtue of subsection (4)(b) must not exceed 12 months beginning with such day as is specified in relation to the data concerned by regulations under subsection (3).

(6)A public telecommunications operator who retains relevant communications data by virtue of this section must not disclose the data except—

(a)in accordance with—

(i)Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (acquisition and disclosure of communications data), or

(ii)a court order or other judicial authorisation or warrant, or

(b)as provided by regulations under subsection (3).

(7)The Secretary of State may by regulations make provision, which corresponds to any provision made (or capable of being made) by virtue of subsection (4)(d) to (g) or (6), in relation to communications data which is retained by telecommunications service providers by virtue of a code of practice under section 102 of the Anti-terrorism, Crime and Security Act 2001.

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