The Investigatory Powers (Amendment) Act 2024 (Commencement No. 1 and Transitional Provisions) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the first commencement regulations made under the Investigatory Powers (Amendment) Act 2024 (c. 9) (“the 2024 Act”) which itself amends the Investigatory Powers Act 2016 (c. 25) (“the 2016 Act”). These Regulations commence most of the provisions of the 2024 Act.

Regulation 2 commences the provisions listed in that regulation on 14th October 2024. In particular, regulation 2 commences provisions relating to: bulk personal datasets (sections 1 to 4); third party bulk personal datasets (section 5); oversight arrangements (sections 7 to 10); how personal data breaches by telecommunications operators are dealt with (section 11); the communications data regime (sections 12 to 15 and the Schedule to the 2024 Act); communications data retention notices (sections 16 and 17); the meaning of “telecommunications operator” (section 19); the renewal of retention, national security and technical capability notices (section 20); safeguards for members of relevant legislatures (sections 22 and 23) and journalists and their sources (section 27); and various other miscellaneous or consequential changes (sections 6, 25, 26, 28 and 29).

Regulation 3 makes transitional provision for communications data retention notices issued under section 87 of the 2016 Act which have effect immediately before 14th October 2024. The effect of this transitional provision in regulation 3 is that any such retention notices have two years from commencement before they will lapse (unless renewed) and they may be renewed at any point within that two-year period.

Regulation 4 makes similar provision to that contained in regulation 3, but for national security notices and technical capability notices.

An impact assessment has not been produced for this statutory instrument as no significant impact on the private, voluntary or public sectors is foreseen.