Part 4

Retention of communications data

Enforcement

Enforcement of notices and certain other requirements and restrictions
95
1
It is the duty of a telecommunications operator on whom a requirement or restriction is imposed by—
a
a retention notice, or
b
section 92 or 93,
to comply with the requirement or restriction.
2
A telecommunications operator, or any person employed or engaged for the purposes of the business of a telecommunications operator, must not disclose the existence or contents of a retention notice to any other person.
3
The Information Commissioner, or any member of staff of the Information Commissioner, must not disclose the existence or contents of a retention notice to any other person.
4
Subsections (2) and (3) do not apply to a disclosure made with the permission of the Secretary of State.
5
The duty under subsection (1) or (2) , or under section 90(4A), is enforceable (whether or not the person is in the United Kingdom) by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.
S. 95 in force at 30.12.2016 by S.I. 2016/1233, reg. 2(k)
Words in s. 95(5) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 17(2), 32(2); S.I. 2024/1021, reg. 2(q)
Words in s. 95(5) inserted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 18(3), 32(2); S.I. 2025/722, reg. 2(a)