Prospective
15Internet connection recordsU.K.
(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)