Investigatory Powers Act 2016 (c. 25)

Part 3 U.K. Authorisations for obtaining communications data

[F1 Further provision about authorisations] U.K.

Textual Amendments

F1 S. 62 cross-heading inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 2 (see S.I. 2019/174, reg. 2(c))

62 Restrictions in relation to internet connection records U.K.

[F2 (A1) The Investigatory Powers Commissioner may not, on the application of a local authority, grant an authorisation under section 60A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record.

(A2) The Investigatory Powers Commissioner may not, on the application of a relevant public authority which is not a local authority, grant an authorisation under section 60A for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record unless condition A, B or C is met.]

F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A designated senior officer of a relevant public authority which is not a local authority may not grant an authorisation for the purpose of obtaining data which is, or can only be obtained by processing, an internet connection record unless condition A, B or C is met.

(3) Condition A is that [F4 the person with power to grant the authorisation] considers that it is necessary, for a purpose falling within [F5 section 60A(7), 61(7) or 61A(7) (as applicable)], to obtain the data to identify which person or apparatus is using an internet service where—

(a) the service and time of use are already known, but

(b) the identity of the person or apparatus using the service is not known.

(4) Condition B is that—

(a) the purpose for which the data is to be obtained falls within [F6 section 60A(7), 61(7) or 61A(7) (as applicable) but is not the purpose of preventing or detecting serious crime mentioned in section 60A(8)(a), 61(7A)(a) or 61A(8)(a) or the purpose of preventing or detecting crime mentioned in section 60A(8)(b), 61(7A)(b) or 61A(8)(b),] and

(b) [F7 the person with power to grant the authorisation] considers that it is necessary to obtain the data to identify—

(i) which internet communications service is being used, and when and how it is being used, by a person or apparatus whose identity is already known,

(ii) where or when a person or apparatus whose identity is already known is obtaining access to, or running, a computer file or computer program which wholly or mainly involves making available, or acquiring, material whose possession is a crime, or

(iii) which internet service is being used, and when and how it is being used, by a person or apparatus whose identity is already known.

(5) Condition C is that—

[F8 (a) either—

(i) the purpose for which the data is to be obtained is the purpose of preventing or detecting serious crime mentioned in section 60A(8)(a), 61(7A)(a) or 61A(8)(a), or

(ii) the purpose for which the data is to be obtained is the purpose of preventing or detecting crime mentioned in section 60A(8)(b), 61(7A)(b) or 61A(8)(b) and the crime to be prevented or detected is serious crime, and]

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F10 the person with power to grant the authorisation] considers that it is necessary to obtain the data to identify—

(i) which internet communications service is being used, and when and how it is being used, by a person or apparatus whose identity is already known,

(ii) where or when a person or apparatus whose identity is already known is obtaining access to, or running, a computer file or computer program which wholly or mainly involves making available, or acquiring, material whose possession is a crime, or

(iii) which internet service is being used, and when and how it is being used, by a person or apparatus whose identity is already known.

F11 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this Act “internet connection record” means communications data which—

(a) may be used to identify, or assist in identifying, a telecommunications service to which a communication is transmitted by means of a telecommunication system for the purpose of obtaining access to, or running, a computer file or computer program, and

(b) comprises data generated or processed by a telecommunications operator in the process of supplying the telecommunications service to the sender of the communication (whether or not a person).

Textual Amendments

F2 S. 62(A1)(A2) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(2) (see S.I. 2019/174, reg. 2(c))

F3 S. 62(1) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(3) (see S.I. 2019/174, reg. 2(c))

F4 Words in s. 62(3) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(4)(a) (see S.I. 2019/174, reg. 2(c))

F5 Words in s. 62(3) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(4)(b) (see S.I. 2019/174, reg. 2(c))

F6 Words in s. 62(4)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(5)(a) (see S.I. 2019/174, reg. 2(c))

F7 Words in s. 62(4)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(5)(b) (see S.I. 2019/174, reg. 2(c))

F8 S. 62(5)(a) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(6)(a) (see S.I. 2019/174, reg. 2(c))

F9 S. 62(5)(b) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(6)(b) (see S.I. 2019/174, reg. 2(c))

F10 Words in s. 62(5)(c) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(6)(c) (see S.I. 2019/174, reg. 2(c))

F11 S. 62(6) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 3(7) (see S.I. 2019/174, reg. 2(c))

Commencement Information

I1 S. 62 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)