Part 1

General privacy protections

Abolition or restriction of powers to obtain communications data

Abolition or restriction of certain powers to obtain communications data
12
1
Schedule 2 (which repeals certain information powers so far as they enable public authorities to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator) has effect.
2
Any general information power which—
a
would (apart from this subsection) enable a public authority to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator, and
b
does not involve a court order or other judicial authorisation or warrant ...,
is to be read as not enabling the public authority to secure such a disclosure.
2A
Subsection (2) is subject to section 352(1) of the Finance (No. 2) Act 2023 (no restriction on tax related powers)
and subsection (2B)
.
2B
Subsection (2) does not apply to the exercise by a specified public authority, otherwise than in the course of a criminal investigation, of a general information power which is a regulatory or supervisory power.
2C
For the purposes of subsection (2B), “
criminal investigation
” means an investigation of any criminal conduct, including—
a
an investigation of alleged or suspected criminal conduct, and
b
an investigation of whether criminal conduct has taken place.
2D
For the purposes of subsection (2B), the exercise of a general information power which is a regulatory or supervisory power is treated as not being in the course of a criminal investigation if at the time of the exercise of the power the investigation is not being conducted with a view to seeking a criminal prosecution.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The Secretary of State may by regulations modify any enactment in consequence of subsection (2).
5
In this section “general information power” means—
a
in relation to disclosure by a telecommunications operator, any power to obtain information or documents (however expressed) which—
i
is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and
ii
does not deal (whether alone or with other matters) specifically with telecommunications operators or any class of telecommunications operators, and
b
in relation to disclosure by a postal operator, any power to obtain information or documents (however expressed) which—
i
is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and
ii
does not deal (whether alone or with other matters) specifically with postal operators or any class of postal operators.
5A
In this section “
specified public authority
” means a public authority which is—
a
listed in Schedule 2A, or
b
listed in column 1 of the table in Schedule 4.
5B
The Secretary of State or the Treasury may by regulations modify Schedule
2A
by—
a
adding a public authority to, or
b
removing a public authority from,
the list in that Schedule.
6
In this section—
- “
criminal conduct
” means conduct which constitutes an offence under the law of any part of the United Kingdom,
- “power” includes part of a power,
- “
regulatory or supervisory power
” means any power (however expressed) to obtain information or documents which—
  1. is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and
  2. is exercisable in connection with—
    1. the regulation of persons or activities,
    2. the checking or monitoring of compliance with requirements, prohibitions or standards imposed by or under an enactment, or
    3. the enforcement of any requirement or prohibition imposed by or under an enactment,
...
and references to powers include duties (and references to enabling and exercising are to be read as including references to requiring and performing).
S. 12 in force at 22.7.2020 by S.I. 2020/766, reg. 2(a)
Words in s. 12(6) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(7)(b), 32(2); S.I. 2024/1021, reg. 2(n)
Words in s. 12(2A) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(3), 32(2); S.I. 2024/1021, reg. 2(n)
Words in s. 12(6) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(7)(a), 32(2); S.I. 2024/1021, reg. 2(n)
S. 12(3) omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(5), 32(2); S.I. 2024/1021, reg. 2(n)
Words in s. 12(2)(b) omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(2), 32(2); S.I. 2024/1021, reg. 2(n)
Words in s. 12(6) omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(7)(c), 32(2); S.I. 2024/1021, reg. 2(n)
S. 12(2B)-(2D) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(4), 32(2); S.I. 2024/1021, reg. 2(n)
S. 12(5A)(5B) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 14(6), 32(2); S.I. 2024/1021, reg. 2(n)
S. 12(2) excluded (retrospectively) by Finance (No. 2) Act 2023 (c. 30), s. 352(1)(7) (with s. 352(3))
S. 12(2A) inserted (retrospectively) by Finance (No. 2) Act 2023 (c. 30), s. 352(4)(7)