Data Retention And Investigatory Powers Act 2014 (c. 27) - Explanatory Notes

Publisher:

TSO (The Stationery Office)

'Data Retention And Investigatory Powers Act 2014 (Chapter 27) - Explanatory Notes' explains the provisions of the 'Data Retention and Investigatory Powers Act 2014 (Chapter 27)' (see below) which received Royal assent on 17 July 2014.

The Government legislated in order to clarify the legislative framework for certain important investigatory powers.

Firstly - this Act provides the powers to introduce secondary legislation to replace the Data Retention (EC Directive) Regulations 2009 (S.I. 2009/859) (the 2009 Regulations), while providing additional safeguards. This is in response to the European Court of Justice (ECJ) judgment of 8 April 2014 in joined cases C-293/12 Digital Rights Ireland and C-594/12 Seitlinger which declared the Data Retention Directive (2006/24/EC) invalid. The 2009 Regulations implemented the Directive in domestic law.

Secondly - the legislation clarifies the nature and extent of obligations that can be imposed on telecommunications service providers based outside the United Kingdom under Part 1 of the Regulation of Investigatory Powers Act 2000 (RIPA). This Act ensures that, as the original legislation intended, any company providing communication services to customers in the United Kingdom is obliged to comply with requests for communications data and interception warrants issued by the Secretary of State, irrespective of the location of the company providing the service.

Both these components of the Act strengthen and clarify, rather than extend, the current legislative framework. Neither of these components provide for additional investigatory powers. The Act also provides for a review of the operation and regulation of investigatory powers in relation to communications data and interception and increased reporting from the Interception of Communications Commissioner.

Extent	11 pages	ISBN	9780105627142
Size	A4	Price	£8.14
Format	Paperback	Published	08 Aug 2014
Availability	Black and white copy, 1-3 days	Delivery	Delivery options and charges