61APower of designated senior officers to grant authorisations: urgent cases

1

Subsection (2) applies if a designated senior officer of a relevant public authority considers—

a

that it is necessary to obtain communications data for a purpose falling within subsection (7),

b

that it is necessary to obtain the data for the purposes of a specific investigation or a specific operation,

c

that there is an urgent need to obtain the data, and

d

that the conduct authorised by the authorisation is proportionate to what is sought to be achieved.

2

The designated senior officer may authorise any officer of the relevant public authority to engage in any conduct which—

a

is for the purpose of obtaining the data from any person, and

b

relates to—

i

a telecommunication system, or

ii

data derived from a telecommunication system.

3

Subsections (1) and (2) are subject to—

a

section 62 (restrictions in relation to internet connection records),

b

sections 70, 73 and 75 and Schedule 4 (restrictions relating to certain relevant public authorities),

d

section 76 (requirement to consult a single point of contact), and

e

section 77 (Commissioner approval for authorisations to identify or confirm journalistic sources).

4

Authorised conduct may, in particular, consist of an authorised officer—

a

obtaining the communications data themselves from any person or telecommunication system,

b

asking any person whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—

i

to obtain the data (if not already in possession of it), and

ii

to disclose the data (whether already in the person’s possession or subsequently obtained by that person) to a person identified by, or in accordance with, the authorisation, or

c

requiring by notice a telecommunications operator whom the authorised officer believes is, or may be, in possession of the communications data or capable of obtaining it—

i

to obtain the data (if not already in possession of it), and

ii

to disclose the data (whether already in the operator’s possession or subsequently obtained by the operator) to a person identified by, or in accordance with, the authorisation.

5

An authorisation—

a

may relate to data whether or not in existence at the time of the authorisation,

b

may authorise the obtaining or disclosure of data by a person who is not an authorised officer, or any other conduct by such a person, which enables or facilitates the obtaining of the communications data concerned, and

c

may, in particular, require a telecommunications operator who controls or provides a telecommunications system to obtain or disclose data relating to the use of a telecommunications service provided by another telecommunications operator in relation to that system.

6

An authorisation—

a

may not authorise any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system, and

b

may not authorise an authorised officer to ask or require, in the circumstances mentioned in subsection (4)(b) or (c), a person to disclose the data to any person other than—

i

an authorised officer, or

ii

an officer of the same relevant public authority as an authorised officer.

7

It is necessary to obtain communications data for a purpose falling within this subsection if it is necessary to obtain the data—

a

for the applicable crime purpose (see subsection (8)),

b

in the interests of public safety,

c

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,

d

to assist investigations into alleged miscarriages of justice, or

e

where a person (“P”) has died or is unable to identify themselves because of a physical or mental condition—

i

to assist in identifying P, or

ii

to obtain information about P’s next of kin or other persons connected with P or about the reasons for P’s death or condition.

8

In subsection (7)(a), “the applicable crime purpose” means—

a

where the communications data is wholly or partly events data, the purpose of preventing or detecting serious crime;

b

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

9

The fact that the communications data which would be obtained in pursuance of an authorisation relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that it is necessary to obtain the data for a purpose falling within subsection (7).

10

See—

a

sections 70 and 73 for the meanings of “designated senior officer” and “relevant public authority”;

b

section 84 for the way in which this Part applies to postal operators and postal services;

c

section 86(2A) for the meaning of “serious crime”.