Part 4Retention of communications data

Enforcement

95I1Enforcement of notices and certain other requirements and restrictions

1

It is the duty of a telecommunications operator on whom a requirement or restriction is imposed by—

a

a retention notice, or

b

section 92 or 93,

to comply with the requirement or restriction.

2

A telecommunications operator, or any person employed or engaged for the purposes of the business of a telecommunications operator, must not disclose the existence or contents of a retention notice to any other person.

3

The Information Commissioner, or any member of staff of the Information Commissioner, must not disclose the existence or contents of a retention notice to any other person.

4

Subsections (2) and (3) do not apply to a disclosure made with the permission of the Secretary of State.

5

The duty under subsection (1) or (2) is enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.