Investigatory Powers Bill

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Text of Investigatory Powers Bill

  • HL Bill 66 56/2

    Investigatory Powers Bill

    [AS AMENDED ON REPORT]

    CONTENTS

    PART 1

    GENERAL PRIVACY PROTECTIONS

    Overview and general privacy duties1 Overview of Act2 General duties in relation to privacy

    Prohibitions against unlawful interception3 Offence of unlawful interception4 Definition of interception etc.5 Conduct that is not interception6 Definition of lawful authority7 Monetary penalties for certain unlawful interceptions8 Civil liability for certain unlawful interceptions9 Interception without lawful authority: award of costs

    10 Restriction on requesting interception by overseas authorities11 Restriction on requesting assistance under mutual assistance agreements etc.

    Prohibition against unlawful obtaining of communications data12 Offence of unlawfully obtaining communications data

    Abolition or restriction of powers to obtain communications data13 Abolition or restriction of certain powers to obtain communications data

    Restrictions on interference with equipment14 Mandatory use of equipment interference warrants15 Restriction on use of section 93 of the Police Act 1997

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    PART 2

    LAWFUL INTERCEPTION OF COMMUNICATIONS

    CHAPTER 1

    INTERCEPTION AND EXAMINATION WITH A WARRANT

    Warrants under this Chapter16 Warrants that may be issued under this Chapter17 Obtaining secondary data18 Subject-matter of warrants

    Power to issue warrants19 Persons who may apply for issue of a warrant20 Power of Secretary of State to issue warrants21 Grounds on which warrants may be issued by Secretary of State22 Power of Scottish Ministers to issue warrants23 Relevant Scottish applications

    Approval of warrants by Judicial Commissioners24 Approval of warrants by Judicial Commissioners25 Approval of warrants issued in urgent cases26 Failure to approve warrant issued in urgent case

    Additional safeguards27 Members of Parliament etc.28 Items subject to legal privilege29 Confidential journalistic material30 Sources of journalistic information

    Further provision about warrants31 Decisions to issue warrants to be taken personally by Ministers32 Requirements that must be met by warrants33 Duration of warrants34 Renewal of warrants35 Modification of warrants36 Persons who may make modifications37 Further provision about modifications38 Notification of major modifications39 Approval of major modifications made in urgent cases40 Cancellation of warrants41 Special rules for certain mutual assistance warrants

    Implementation of warrants42 Implementation of warrants43 Service of warrants44 Duty of operators to assist with implementation

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    CHAPTER 2

    OTHER FORMS OF LAWFUL INTERCEPTION

    Interception with consent45 Interception with the consent of the sender or recipient

    Interception for administrative or enforcement purposes46 Interception by providers of postal or telecommunications services47 Interception by businesses etc. for monitoring and record-keeping purposes48 Postal services: interception for enforcement purposes49 Interception by OFCOM in connection with wireless telegraphy

    Interception taking place in certain institutions50 Interception in prisons51 Interception in psychiatric hospitals etc.52 Interception in immigration detention facilities

    Interception in accordance with overseas requests53 Interception in accordance with overseas requests

    CHAPTER 3

    OTHER PROVISIONS ABOUT INTERCEPTION

    Restrictions on use or disclosure of material obtained under warrants etc.54 Safeguards relating to retention and disclosure of material55 Safeguards relating to disclosure of material overseas56 Additional safeguards for items subject to legal privilege57 Exclusion of matters from legal proceedings58 Duty not to make unauthorised disclosures59 Section 58: meaning of excepted disclosure60 Offence of making unauthorised disclosures

    Interpretation61 Part 2: interpretation

    PART 3

    AUTHORISATIONS FOR OBTAINING COMMUNICATIONS DATA

    Targeted authorisations for obtaining data62 Power to grant authorisations63 Restrictions in relation to internet connection records64 Additional restrictions on grant of authorisations65 Procedure for authorisations and authorised notices66 Duration and cancellation of authorisations and notices

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    67 Duties of telecommunications operators in relation to authorisations

    Filtering arrangements for obtaining data68 Filtering arrangements for obtaining data69 Use of filtering arrangements in pursuance of an authorisation70 Duties in connection with operation of filtering arrangements

    Relevant public authorities other than local authorities71 Relevant public authorities and designated senior officers etc.72 Power to modify section 71 and Schedule 473 Certain regulations under section 72: supplementary

    Local authorities74 Local authorities as relevant public authorities75 Requirement to be party to collaboration agreement76 Judicial approval for local authority authorisations

    Additional protections77 Use of a single point of contact78 Commissioner approval for authorisations to identify or confirm journalistic

    sources

    Collaboration agreements79 Collaboration agreements80 Collaboration agreements: supplementary81 Police collaboration agreements

    Further and supplementary provision82 Lawfulness of conduct authorised by this Part83 Offence of making unauthorised disclosure84 Certain transfer and agency arrangements with public authorities85 Application of Part 3 to postal operators and postal services86 Extra-territorial application of Part 387 Part 3: interpretation

    PART 4

    RETENTION OF COMMUNICATIONS DATA

    General88 Powers to require retention of certain data

    Safeguards89 Matters to be taken into account before giving retention notices90 Approval of retention notices by Judicial Commissioners91 Review by the Secretary of State

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    92 Approval of notices following review under section 9193 Data integrity and security94 Disclosure of retained data

    Variation or revocation of notices95 Variation or revocation of notices

    Enforcement96 Enforcement of notices and certain other requirements and restrictions

    Further and supplementary provision97 Application of Part 4 to postal operators and postal services98 Extra-territorial application of Part 499 Part 4: interpretation

    PART 5

    EQUIPMENT INTERFERENCE

    Warrants under this Part100 Warrants under this Part: general101 Meaning of equipment data102 Subject-matter of warrants

    Power to issue warrants103 Power to issue warrants to intelligence services: the Secretary of State104 Power to issue warrants to intelligence services: the Scottish Ministers105 Power to issue warrants to the Chief of Defence Intelligence106 Decision to issue warrants under sections 103 to 105 to be taken personally by

    Ministers107 Power to issue warrants to law enforcement officers108 Restriction on issue of warrants to certain law enforcement officers

    Approval of warrants by Judicial Commissioners109 Approval of warrants by Judicial Commissioners110 Approval of warrants issued in urgent cases111 Failure to approve warrant issued in urgent case

    Additional safeguards112 Members of Parliament etc.113 Items subject to legal privilege114 Confidential journalistic material115 Sources of journalistic information

    Further provision about warrants116 Requirements that must be met by warrants

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    117 Duration of warrants118 Renewal of warrants119 Modification of warrants issued by the Secretary of State or Scottish Ministers120 Persons who may make modifications under section 119121 Further provision about modifications under section 119122 Notification of modifications123 Approval of modifications under section 119 made in urgent cases124 Modification of warrants issued by law enforcement chiefs125 Approval of modifications under section 124 in urgent cases126 Cancellation of warrants

    Implementation of warrants127 Implementation of warrants128 Service of warrants129 Duty of telecommunications operators to assist with implementation

    Supplementary provision130 Safeguards relating to retention and disclosure of material131 Safeguards relating to disclosure of material overseas132 Additional safeguards for items subject to legal privilege133 Duty not to make unauthorised disclosures134 Section 133: meaning of excepted disclosure135 Offence of making unauthorised disclosure136 Part 5: interpretation

    PART 6

    BULK WARRANTS

    CHAPTER 1

    BULK INTERCEPTION WARRANTS

    Bulk interception warrants137 Bulk interception warrants138 Obtaining secondary data139 Power to issue bulk interception warrants140 Additional requirements in respect of warrants affecting overseas operators141 Approval of warrants by Judicial Commissioners142 Decisions to issue warrants to be taken personally by Secretary of State143 Requirements that must be met by warrants

    Duration, modification and cancellation of warrants144 Duration of warrants145 Renewal of warrants146 Modification of warrants147 Approval of major modifications by Judicial Commissioners148 Approval of major modifications made in urgent cases149 Cancellation of warrants

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    Implementation of warrants150 Implementation of warrants

    Restrictions on use or disclosure of material obtained under warrants etc.151 Safeguards relating to retention and disclosure of material152 Safeguards relating to disclosure of material overseas153 Safeguards relating to examination of material154 Additional safeguards for items subject to legal privilege155 Additional safeguard for confidential