Overview of the Act
- The Investigatory Powers Act 2016 provides an updated framework for the use (by the security and intelligence agencies, law enforcement and other public authorities) of investigatory powers to obtain communications and communications data. These powers cover the interception of communications, the retention and acquisition of communications data, and equipment interference for obtaining communications and other data. It is not lawful to exercise such powers other than as provided for by the Act. The Act also makes provision relating to the security and intelligence agencies’ retention and examination of bulk personal datasets.
- The Act governs the powers available to the state to obtain communications and communications data. It provides consistent statutory safeguards and clarifies which powers different public authorities can use and for what purposes. It sets out the statutory tests that must be met before a power may be used and the authorisation regime for each investigative tool, including a new requirement for Judicial Commissioners to approve the issuing of warrants for the most sensitive and intrusive powers. The Act also creates a new IPC to oversee the use of these powers. Finally, the Act provides a new power for the Secretary of State to require, by notice, communications services providers to retain internet connection records.
