Telecommunications (Security) Act 2021 (c. 31)

Duties of providers of public electronic communications networks and services U.K.

1 Duty to take security measures U.K.

(1) The Communications Act 2003 is amended as follows.

(2) For sections 105A to 105D substitute—

“105A Duty to take security measures

(1) The provider of a public electronic communications network or a public electronic communications service must take such measures as are appropriate and proportionate for the purposes of—

(a) identifying the risks of security compromises occurring;

(b) reducing the risks of security compromises occurring; and

(c) preparing for the occurrence of security compromises.

(2) In this Chapter “security compromise”, in relation to a public electronic communications network or a public electronic communications service, means—

(a) anything that compromises the availability, performance or functionality of the network or service;

(b) any unauthorised access to, interference with or exploitation of the network or service or anything that enables such access, interference or exploitation;

(c) anything that compromises the confidentiality of signals conveyed by means of the network or service;

(d) anything that causes signals conveyed by means of the network or service to be—

(i) lost;

(ii) unintentionally altered; or

(iii) altered otherwise than by or with the permission of the provider of the network or service;

(e) anything that occurs in connection with the network or service and compromises the confidentiality of any data stored by electronic means;

(f) anything that occurs in connection with the network or service and causes any data stored by electronic means to be—

(i) lost;

(ii) unintentionally altered; or

(iii) altered otherwise than by or with the permission of the person holding the data; or

(g) anything that occurs in connection with the network or service and causes a connected security compromise.

(3) But in this Chapter “security compromise” does not include anything that occurs as a result of conduct that—

(a) is required or authorised by or under an enactment mentioned in subsection (4);

(b) is undertaken for the purpose of providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in subsection (4);

(c) is undertaken for the purpose of providing a person with assistance in exercising any power conferred by or under prison rules; or

(d) is undertaken for the purpose of providing assistance to a constable or a member of a service police force (acting in either case in that capacity).

(4) The enactments are—

(a) the Investigatory Powers Act 2016;

(b) Part 1 of the Crime and Courts Act 2013;

(c) the Prisons (Interference with Wireless Telegraphy) Act 2012;

(d) the Regulation of Investigatory Powers Act 2000;

(e) the Regulation of Investigatory Powers (Scotland) Act 2000;

(f) the Intelligence Services Act 1994;

(g) any other enactment (whenever passed or made) so far as it—

(i) makes provision which is in the interests of national security;

(ii) has effect for the purpose of preventing or detecting crime or of preventing disorder; or

(iii) makes provision which is in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security.

(5) In this section—

• “connected security compromise” means—

  (a)

  in relation to a public electronic communications network, a security compromise that occurs in relation to another public electronic communications network or a public electronic communications service;

  (b)

  in relation to a public electronic communications service, a security compromise that occurs in relation to a public electronic communications network or another public electronic communications service;

• “crime” and “detecting crime” have the same meanings as in the Investigatory Powers Act 2016;

• “prison rules” means any rules made under—

  (a)

  section 47 of the Prison Act 1952;

  (b)

  section 39 of the Prisons (Scotland) Act 1989; or

  (c)

  section 13 of the Prison Act (Northern Ireland) 1953;

• “service police force” means—

  (a)

  the Royal Navy Police;

  (b)

  the Royal Military Police; or

  (c)

  the Royal Air Force Police;

• “signal” has the same meaning as in section 32.

105B Duty to take specified security measures

(1) The Secretary of State may by regulations provide that the provider of a public electronic communications network or a public electronic communications service must take specified measures or measures of a specified description.

(2) A measure or description of measure may be specified only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for a purpose mentioned in section 105A(1).

(3) In this section “specified” means specified in the regulations.

(4) Nothing in this section or regulations under it affects the duty imposed by section 105A.”

(3) In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert—

• ““security compromise”, in relation to a public electronic communications network or a public electronic communications service, has the meaning given by section 105A;”.

Commencement Information

I1 S. 1 in force at Royal Assent for specified purposes, see s. 28(1)(a)