Part 3

Authorisations for obtaining communications data

Further provision about authorisations

Restrictions in relation to internet connection records
62
A1
The Investigatory Powers Commissioner may not, on the application of a local authority, grant an authorisation under section 60A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record.
A2
The Investigatory Powers Commissioner may not, on the application of a relevant public authority which is not a local authority, grant an authorisation under section 60A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record unless condition A, B
, C or D1
is met.
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A designated senior officer of a relevant public authority which is not a local authority may not grant an authorisation under section 61 or 61A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record unless condition A, B , C or D2 is met.
3
Condition A is that the person with power to grant the authorisation considers that it is necessary, for a purpose falling within section 60A(7), 61(7) or 61A(7) (as applicable), to obtain the data to identify which person or apparatus is using an internet service where—
a
the service and time of use are already known, but
b
the identity of the person or apparatus using the service is not known.
4
Condition B is that—
a
the purpose for which the data is to be obtained falls within section 60A(7), 61(7) or 61A(7) (as applicable) but is not the purpose of preventing or detecting serious crime mentioned in section 60A(8)(a), 61(7A)(a) or 61A(8)(a) or the purpose of preventing or detecting crime mentioned in section 60A(8)(b), 61(7A)(b) or 61A(8)(b), and
b
the person with power to grant the authorisation considers that it is necessary to obtain the data to identify—
i
which internet communications service is being used, and when and how it is being used, by a person or apparatus whose identity is already known,
ii
where or when a person or apparatus whose identity is already known is obtaining access to, or running, a computer file or computer program which wholly or mainly involves making available, or acquiring, material whose possession is a crime, or
iii
which internet service is being used, and when and how it is being used, by a person or apparatus whose identity is already known.
5
Condition C is that—
a
either—
i
the purpose for which the data is to be obtained is the purpose of preventing or detecting serious crime mentioned in section 60A(8)(a), 61(7A)(a) or 61A(8)(a), or
ii
the purpose for which the data is to be obtained is the purpose of preventing or detecting crime mentioned in section 60A(8)(b), 61(7A)(b) or 61A(8)(b) and the crime to be prevented or detected is serious crime, and
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the person with power to grant the authorisation considers that it is necessary to obtain the data to identify—
i
which internet communications service is being used, and when and how it is being used, by a person or apparatus whose identity is already known,
ii
where or when a person or apparatus whose identity is already known is obtaining access to, or running, a computer file or computer program which wholly or mainly involves making available, or acquiring, material whose possession is a crime, or
iii
which internet service is being used, and when and how it is being used, by a person or apparatus whose identity is already known.
5A
Condition D1 is that—
a
the application is made by a relevant public authority which is specified in column 1 of the table (see below), and
b
the Investigatory Powers Commissioner considers that it is necessary, for a purpose described in the corresponding entry in column 2 of the table, to identify which persons or apparatuses are using one or more specified internet services in a specified period.
1 (applicant) | 2 (description(s) of purpose)
Security Service, Secret Intelligence Service or GCHQ | A purpose falling within subsection (7)(a) or (c) of section 60A, or falling within subsection (7)(b) of that section by virtue of subsection (8)(a) of that section.
National Crime Agency | A purpose falling within subsection (7)(b) of section 60A by virtue of subsection (8)(a) of that section.
5B
Condition D2 is that—
a
the relevant public authority whose designated senior officer has power to grant the authorisation is specified in column 1 of the table (see below), and
b
that officer considers that it is necessary, for a purpose described in the corresponding entry in column 2 or 3 of the table (as applicable), to identify which persons or apparatuses are using one or more specified internet services in a specified period.
1 (relevant public authority) | 2 (description of purpose: authorisation under section 61) | 3 (description of purpose: authorisation under section 61A)
Security Service, Secret Intelligence Service or GCHQ | A purpose falling within section 61(7)(a) or (c). | A purpose falling within subsection (7)(a) of section 61A by virtue of subsection (8)(a) of that section.
National Crime Agency | | A purpose falling within subsection (7)(a) of section 61A by virtue of subsection (8)(a) of that section.
5C
In subsections (5A)(b) and (5B)(b) “
specified
” means specified in the application for the authorisation.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this Act “internet connection record” means communications data which—
a
may be used to identify, or assist in identifying, a telecommunications service to which a communication is transmitted by means of a telecommunication system for the purpose of obtaining access to, or running, a computer file or computer program, and
b
comprises data generated or processed by a telecommunications operator in the process of supplying the telecommunications service to the sender of the communication (whether or not a person).
Words in s. 62(5)(c) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(6)(c) (see S.I. 2019/174, reg. 2(c))
Words in s. 62(A2) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 15(2), 32(2); S.I. 2024/1021, reg. 2(o)
S. 62 cross-heading inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 2 (see S.I. 2019/174, reg. 2(c))
Words in s. 62(2) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 15(3)(a), 32(2); S.I. 2024/1021, reg. 2(o)
Words in s. 62(4)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(5)(b) (see S.I. 2019/174, reg. 2(c))
S. 62(1) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(3) (see S.I. 2019/174, reg. 2(c))
Words in s. 62(2) substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 15(3)(b), 32(2); S.I. 2024/1021, reg. 2(o)
S. 62 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)
S. 62(5)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(6)(a) (see S.I. 2019/174, reg. 2(c))
Words in s. 62(3) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(4)(b) (see S.I. 2019/174, reg. 2(c))
S. 62(5A)-(5C) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 15(4), 32(2); S.I. 2024/1021, reg. 2(o)
S. 62(6) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(7) (see S.I. 2019/174, reg. 2(c))
Words in s. 62(4)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(5)(a) (see S.I. 2019/174, reg. 2(c))
S. 62(A1)(A2) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(2) (see S.I. 2019/174, reg. 2(c))
S. 62(5)(b) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(6)(b) (see S.I. 2019/174, reg. 2(c))
Words in s. 62(3) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(4)(a) (see S.I. 2019/174, reg. 2(c))