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Investigatory Powers Bill (HC Bill 143)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 143—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Theresa May has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Investigatory Powers Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    General privacy protections

    1. Overview of Act

      1. 1. Overview of Act

    2. Prohibitions against unlawful interception

      1. 2. Offence of unlawful interception

      2. 3. Definition of “interception” etc.

      3. 4. Conduct that is not interception

      4. 5. Definition of “lawful authority”

      5. 6. Monetary penalties for certain unlawful interceptions

      6. 7. Restriction on requesting interception by overseas authorities

      7. 8. Restriction on requesting assistance under mutual assistance agreements etc.

    3. Prohibition against unlawful obtaining of communications data

      1. 9. Offence of unlawfully obtaining communications data

    4. Abolition of powers to obtain communications data

      1. 10. Abolition or restriction of certain powers to obtain communications data

    5. Restrictions on interference with equipment

      1. 11. Mandatory use of equipment interference warrants

      2. 12. Restriction on use of section 93 of the Police Act 1997

  2. Part 2

    Lawful interception of communications

    1. Chapter 1

      Interception and examination with a warrant

      1. Warrants under this Chapter

        1. 13. Warrants that may be issued under this Chapter

        2. 14. Obtaining secondary data

        3. 15. Subject-matter of warrants

      2. Power to issue warrants

        1. 16. Persons who may apply for issue of a warrant

        2. 17. Power of Secretary of State to issue warrants

        3. 18. Grounds on which warrants may be issued by Secretary of State

        4. 19. Power of Scottish Ministers to issue warrants

        5. 20. “Relevant Scottish applications”

      3. Approval of warrants by Judicial Commissioners

        1. 21. Approval of warrants by Judicial Commissioners

        2. 22. Approval of warrants issued in urgent cases

        3. 23. Failure to approve warrant issued in urgent case

      4. Additional safeguards

        1. 24. Members of Parliament etc.

        2. 25. Items subject to legal privilege

      5. Further provision about warrants

        1. 26. Decisions to issue warrants to be taken personally by Ministers

        2. 27. Requirements that must be met by warrants

        3. 28. Duration of warrants

        4. 29. Renewal of warrants

        5. 30. Modification of warrants

        6. 31. Approval of major modifications made in urgent cases

        7. 32. Cancellation of warrants

        8. 33. Special rules for certain mutual assistance warrants

      6. Implementation of warrants

        1. 34. Implementation of warrants

        2. 35. Service of warrants outside the United Kingdom

        3. 36. Duty of operators to assist with implementation

    2. Chapter 2

      Other forms of lawful interception

      1. Interception with consent

        1. 37. Interception with the consent of the sender or recipient

      2. Interception for administrative or enforcement purposes

        1. 38. Interception by providers of postal or telecommunications services

        2. 39. Interception by businesses etc. for monitoring and record-keeping purposes

        3. 40. Postal services: interception for enforcement purposes

        4. 41. Interception by OFCOM in connection with wireless telegraphy

      3. Interception taking place in certain institutions

        1. 42. Interception in prisons

        2. 43. Interception in psychiatric hospitals etc.

        3. 44. Interception in immigration detention facilities

      4. Interception in accordance with overseas requests

        1. 45. Interception in accordance with overseas requests

    3. Chapter 3

      Other provisions about interception

      1. Restrictions on use or disclosure of material obtained under warrants etc.

        1. 46. Safeguards relating to retention and disclosure of material

        2. 47. Safeguards relating to disclosure of material overseas

        3. 48. Exclusion of matters from legal proceedings

        4. 49. Duty not to make unauthorised disclosures

        5. 50. Section 49: meaning of “excepted disclosure”

        6. 51. Offence of making unauthorised disclosures

      2. Interpretation

        1. 52. Part 2: interpretation

  3. Part 3

    Authorisations for obtaining communications data

    1. Targeted authorisations for obtaining data

      1. 53. Power to grant authorisations

      2. 54. Additional restrictions on grant of authorisations

      3. 55. Procedure for authorisations and authorised notices

      4. 56. Duration and cancellation of authorisations and notices

      5. 57. Duties of telecommunications operators in relation to authorisations

    2. Filtering arrangements for obtaining data

      1. 58. Filtering arrangements for obtaining data

      2. 59. Use of filtering arrangements in pursuance of an authorisation

      3. 60. Duties in connection with operation of filtering arrangements

    3. Relevant public authorities other than local authorities

      1. 61. Relevant public authorities and designated senior officers

      2. 62. Power to modify section 61 and Schedule 4

      3. 63. Certain regulations under section 62: supplementary

    4. Local authorities

      1. 64. Local authorities as relevant public authorities

      2. 65. Requirement to be party to collaboration agreement

      3. 66. Judicial approval for local authority authorisations

    5. Additional protections

      1. 67. Use of a single point of contact

      2. 68. Commissioner approval for authorisations to identify or confirm journalistic
        sources

    6. Collaboration agreements

      1. 69. Collaboration agreements

      2. 70. Collaboration agreements: supplementary

      3. 71. Police collaboration agreements

    7. Further and supplementary provision

      1. 72. Lawfulness of conduct authorised by this Part

      2. 73. Offence of making unauthorised disclosure

      3. 74. Certain transfer and agency arrangements with public authorities

      4. 75. Application of Part 3 to postal operators and postal services

      5. 76. Extra-territorial application of Part 3

      6. 77. Part 3: interpretation

  4. Part 4

    Retention of communications data

    1. General

      1. 78. Powers to require retention of certain data

    2. Safeguards

      1. 79. Matters to be taken into account before giving retention notices

      2. 80. Review by the Secretary of State

      3. 81. Data integrity and security

      4. 82. Disclosure of retained data

    3. Variation or revocation of notices

      1. 83. Variation or revocation of notices

    4. Enforcement

      1. 84. Enforcement of notices and certain other requirements and restrictions

    5. Further and supplementary provision

      1. 85. Application of Part 4 to postal operators and postal services

      2. 86. Extra-territorial application of Part 4

      3. 87. Part 4: interpretation

  5. Part 5

    Equipment interference

    1. Warrants under this Part

      1. 88. Warrants under this Part: general

      2. 89. Meaning of “equipment data”

      3. 90. Subject-matter of warrants

    2. Power to issue warrants

      1. 91. Power to issue warrants to intelligence services: the Secretary of State

      2. 92. Power to issue warrants to intelligences services: the Scottish Ministers

      3. 93. Power to issue warrants to the Chief of Defence Intelligence

      4. 94. Members of Parliament etc.

      5. 95. Decision to issue warrants under sections 91 to 93 to be taken personally by
        Ministers

      6. 96. Power to issue warrants to law enforcement officers

    3. Approval of warrants by Judicial Commissioners

      1. 97. Approval of warrants by Judicial Commissioners

      2. 98. Approval of warrants issued in urgent cases

      3. 99. Failure to approve warrant issued in urgent case

    4. Additional safeguards

      1. 100. Items subject to legal privilege

    5. Further provision about warrants

      1. 101. Requirements which must be met by warrants

      2. 102. Duration of warrants

      3. 103. Renewal of warrants

      4. 104. Modification of warrants issued by the Secretary of State or Scottish Ministers

      5. 105. Approval of modifications under section 104 made in urgent cases

      6. 106. Modification of warrants issued by law enforcement chiefs

      7. 107. Approval of modifications under section 106 in urgent cases

      8. 108. Cancellation of warrants

    6. Implementation of warrants

      1. 109. Implementation of warrants

      2. 110. Service of warrants outside the United Kingdom

      3. 111. Duty of telecommunications operators to assist with implementation

    7. Supplementary provision

      1. 112. Safeguards relating to retention and disclosure of material

      2. 113. Safeguards relating to disclosure of material or data overseas

      3. 114. Duty not to make unauthorised disclosures

      4. 115. Section 114: meaning of “excepted” disclosure

      5. 116. Offence of making unauthorised disclosure

      6. 117. Restriction on issue of warrants to certain law enforcement officers

      7. 118. Part 5: interpretation

  6. Part 6

    Bulk warrants

    1. Chapter 1

      Bulk interception warrants

      1. Bulk interception warrants

        1. 119. Bulk interception warrants

        2. 120. Obtaining secondary data

        3. 121. Power to issue bulk interception warrants

        4. 122. Additional requirements in respect of warrants affecting overseas operators

        5. 123. Approval of warrants by Judicial Commissioners

        6. 124. Decisions to issue warrants to be taken personally by Secretary of State

        7. 125. Requirements that must be met by warrants

      2. Duration, modification and cancellation of warrants

        1. 126. Duration of warrants

        2. 127. Renewal of warrants

        3. 128. Modification of warrants

        4. 129. Approval of major modifications made in urgent cases

        5. 130. Cancellation of warrants

      3. Implementation of warrants

        1. 131. Implementation of warrants

      4. Restrictions on use or disclosure of material obtained under warrants etc.

        1. 132. Safeguards relating to retention and disclosure of material

        2. 133. Safeguards relating to disclosure of material overseas

        3. 134. Safeguards relating to examination of material

        4. 135. Additional safeguards for items subject to legal privilege

        5. 136. Application of other restrictions in relation to warrants

      5. Interpretation

        1. 137. Chapter 1: interpretation

    2. Chapter 2

      Bulk acquisition warrants

      1. Bulk acquisition warrants

        1. 138. Power to issue bulk acquisition warrants

        2. 139. Approval of warrants by Judicial Commissioners

        3. 140. Decisions to issue warrants to be taken personally by Secretary of State

        4. 141. Requirements that must be met by warrants

      2. Duration, modification and cancellation of warrants

        1. 142. Duration of warrants

        2. 143. Renewal of warrants

        3. 144. Modification of warrants

        4. 145. Approval of major modifications made in urgent cases

        5. 146. Cancellation of warrants

      3. Implementation of warrants

        1. 147. Implementation of warrants

        2. 148. Service of warrants outside the United Kingdom

        3. 149. Duty of operators to assist with implementation

      4. Restrictions on use or disclosure of data obtained under warrants etc.

        1. 150. Safeguards relating to the retention and disclosure of data

        2. 151. Safeguards relating to examination of data

      5. Supplementary provision

        1. 152. Offence of making unauthorised disclosure

        2. 153. Chapter 2: interpretation

    3. Chapter 3

      Bulk equipment interference warrants

      1. Bulk equipment interference warrants

        1. 154. Bulk equipment interference warrants: general

        2. 155. Meaning of “equipment data”

        3. 156. Power to issue bulk equipment interference warrants

        4. 157. Approval of warrants by Judicial Commissioners

        5. 158. Approval of warrants issued in urgent cases

        6. 159. Failure to approve warrant issued in urgent case

        7. 160. Decisions to issue warrants to be taken personally by Secretary of State

        8. 161. Requirements that must be met by warrants

      2. Duration, modification and cancellation of warrants

        1. 162. Duration of warrants

        2. 163. Renewal of warrants

        3. 164. Modification of warrants

        4. 165. Approval of major modifications made in urgent cases

        5. 166. Cancellation of warrants

      3. Implementation of warrants

        1. 167. Implementation of warrants

      4. Restrictions on use or disclosure of material obtained under warrants etc.

        1. 168. Safeguards relating to retention and disclosure of material

        2. 169. Safeguards relating to disclosure of material or data overseas

        3. 170. Safeguards relating to examination of material etc.

        4. 171. Additional safeguards for items subject to legal privilege

        5. 172. Application of other restrictions in relation to warrants

      5. Interpretation

        1. 173. Chapter 3: interpretation

  7. Part 7

    Bulk personal dataset warrants

    1. Bulk personal datasets: interpretation

      1. 174. Bulk personal datasets: interpretation

    2. Requirement for warrant

      1. 175. Requirement for authorisation by warrant: general

      2. 176. Exceptions to section 175(1) and (2)

    3. Issue of warrants

      1. 177. Class BPD warrants

      2. 178. Specific BPD warrants

      3. 179. Approval of warrants by Judicial Commissioners

      4. 180. Approval of specific BPD warrants issued in urgent cases

      5. 181. Failure to approve specific BPD warrant issued in urgent case

      6. 182. Decisions to issue warrants to be taken personally by Secretary of State

      7. 183. Requirements that must be met by warrants

    4. Duration, modification and cancellation

      1. 184. Duration of warrants

      2. 185. Renewal of warrants

      3. 186. Modification of warrants

      4. 187. Approval of major modifications made in urgent cases

      5. 188. Cancellation of warrants

      6. 189. Non-renewal or cancellation of BPD warrants

    5. Further and supplementary provision

      1. 190. Initial examinations: time limits

      2. 191. Safeguards relating to examination of bulk personal datasets

      3. 192. Application of Part to bulk personal datasets obtained under this Act

      4. 193. Interpretation of Part

  8. Part 8

    Oversight arrangements

    1. Chapter 1

      Investigatory Powers Commissioner and other Judicial Commissioners

      1. The Commissioners

        1. 194. Investigatory Powers Commissioner and other Judicial Commissioners

        2. 195. Terms and conditions of appointment

      2. Main functions of Commissioners

        1. 196. Main oversight functions

        2. 197. Additional directed oversight functions

        3. 198. Error reporting

        4. 199. Additional functions under this Part

        5. 200. Functions under other Parts and other enactments

      3. Reports and investigation and information powers

        1. 201. Annual and other reports

        2. 202. Investigation and information powers

        3. 203. Information gateway

      4. Supplementary provision

        1. 204. Funding, staff and facilities

        2. 205. Power to modify functions

        3. 206. Abolition of existing oversight bodies

    2. Chapter 2

      Other arrangements

      1. Codes of practice

        1. 207. Codes of practice

      2. Investigatory Powers Tribunal

        1. 208. Right of appeal from Tribunal

        2. 209. Functions of Tribunal in relation to this Act

      3. Information Commissioner

        1. 210. Oversight by Information Commissioner in relation to Part 4

      4. Technical Advisory Board

        1. 211. Technical Advisory Board

  9. Part 9

    Miscellaneous and general provisions

    1. Chapter 1

      Miscellaneous

      1. Combined warrants and authorisations

        1. 212. Combination of warrants and authorisations

      2. Compliance with Act

        1. 213. Payments towards certain compliance costs

        2. 214. Power to develop compliance systems etc.

      3. Additional powers

        1. 215. Amendments of the Intelligence Services Act 1994

        2. 216. National security notices

        3. 217. Maintenance of technical capability

        4. 218. Further provision about notices under section 216 or 217

        5. 219. Variation and revocation of notices

        6. 220. Review by the Secretary of State

      4. Wireless telegraphy

        1. 221. Amendments of the Wireless Telegraphy Act 2006

    2. Chapter 2

      General

      1. Review of operation of Act

        1. 222. Review of operation of Act

      2. Interpretation

        1. 223. Telecommunications definitions

        2. 224. Postal definitions

        3. 225. General definitions

        4. 226. Index of defined expressions

      3. Supplementary provision

        1. 227. Offences by bodies corporate etc.

        2. 228. Regulations

        3. 229. Enhanced affirmative procedure

        4. 230. Financial provisions

        5. 231. Transitional, transitory or saving provision

        6. 232. Minor and consequential provision

      4. Final provision

        1. 233. Commencement, extent and short title

    1. Schedule 1

      Monetary penalty notices

      1. Part 1

        Monetary penalty notices

      2. Part 2

        Information provisions

    2. Schedule 2

      Abolition of disclosure powers

    3. Schedule 3

      Exceptions to section 48

    4. Schedule 4

      Relevant public authorities and designated senior officers

      1. Part 1

        Table of authorities and officers

      2. Part 2

        Interpretation of table

    5. Schedule 5

      Transfer and agency arrangements with public authorities:
      further provisions

    6. Schedule 6

      Issue of warrants under section 96 etc: table

      1. Part 1

        Table: Part 1

      2. Part 2

        Table: Part 2

      3. Part 3

        Interpretation of the table

    7. Schedule 7

      Codes of practice

    8. Schedule 8

      Combination of warrants and authorisations

      1. Part 1

        Combinations with targeted interception warrants

      2. Part 2

        Other combinations involving targeted equipment
        interference warrants

      3. Part 3

        Combinations involving targeted examination warrants only

      4. Part 4

        Combined warrants: supplementary provision

    9. Schedule 9

      Transitional, transitory and saving provision

    10. Schedule 10

      Minor and consequential provision

      1. Part 1

        General amendments

      2. Part 2

        Lawful interception of communications

      3. Part 3

        Acquisition of communications data

      4. Part 4

        Retention of communications data

      5. Part 5

        Equipment interference

      6. Part 6

        Judicial Commissioners

      7. Part 7

        Other minor and consequential provision

      8. Part 8

        Repeals and revocations consequential on other repeals or
        amendments in this Act

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