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The Data Retention and Acquisition Regulations 2018

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Amendments of the Regulation of Investigatory Powers Act 2000

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3.—(1) Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000(1) is amended as follows.

(2) Section 22 (obtaining and disclosing communications data)(2) is amended in accordance with paragraphs (3) to (5).

(3) For subsection (2)(b) substitute—

(b)for the applicable crime purpose;.

(4) Omit subsections (2)(e) and (f).

(5) After subsection (2) insert—

(2A) In this section, “the applicable crime purpose” means—

(a)where the communications data is wholly or partly data falling within section 21(4)(a) or (b), the purpose of preventing or detecting serious crime;

(b)in any other case, the purpose of preventing or detecting crime or of preventing disorder..

(6) In section 25 (interpretation of Chapter 2 of Part 1)(3), in subsection (1), after the definition of “relevant public authority” insert—

“serious crime” includes crime which would not satisfy the test in section 81(3)(a) or (b) but 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..

(7) In that section, after subsection (1) insert—

(1A) Until the day on which the amendment made to section 81(3)(a) of this Act by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force, the definition of “serious crime” in subsection (1) is to be read as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “the age of 21”..

(2)

Section 22 was amended by the Policing and Crime Act 2009 (c. 26), section 7(1) and (2); the Protection of Freedoms Act 2012 (c. 9) Schedule 9, Part 3, paragraphs 6 and 7; the Data Retention and Investigatory Powers Act 2014 (c. 27), sections 3(3) and (4), 4(8) to (10); and by S.I. 2013/602. The amendments made by the Data Retention and Investigatory Powers Act 2014 are saved by paragraph 9 of Schedule 9 to the Investigatory Powers Act 2016.

(3)

Section 25 was amended by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 4, paragraphs 131, 135(1), (3) and (4); the Serious Crime Act 2007 (c. 27) Schedule 12, paragraphs 5 and 8; the Crime and Courts Act 2013 (c. 22), Schedule 8, Part 2, paragraphs 77, 81(1) to (3) and 88; and by S.I. 2007/1098 and 2013/602.

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