Prospective
(1)Section 62 of the Investigatory Powers Act 2016 (restrictions in relation to internet connection records) is amended as follows.
(2)In subsection (A2) for “or C” substitute “, C or D1”.
(3)In subsection (2)—
(a)after “authorisation” insert “under section 61 or 61A”;
(b)for “or C” substitute “, C or D2”.
(4)After subsection (5) insert—
“(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.”
Commencement Information
I1S. 15 not in force at Royal Assent, see s. 32(2)