PART 1

A BILL TO Make provision about the interception of communications, equipment

interference and the acquisition and retention of communications data, bulk

personal datasets and other information; to make provision about the

treatment of material held as a result of such interception, equipment

interference or acquisition or retention; to establish the Investigatory Powers

Commissioner and other Judicial Commissioners and make provision about

them and other oversight arrangements; to make further provision about

investigatory powers and national security; to amend sections 3 and 5 of the

Intelligence Services Act 1994; and for connected purposes. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1 General privacy protections

Overview of Act

1 Overview of Act

(1) 5 This Part sets out offences and penalties in relation to—

(a) the unlawful interception of communications, and

(b) the unlawful obtaining of communications data.

(2) It also abolishes and restricts various general powers to obtain

communications data and restricts the circumstances in which equipment

10 interference, and certain requests about the interception of communications,

can take place.

(3) Other protections for privacy—

(a) can be found, in particular, in the regimes provided for by Parts 2 to 7

and in the oversight arrangements in Part 8, and

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(b) also exist by virtue of the Human Rights Act 1998 and elsewhere in the

law.

(4) The regimes provided for by Parts 2 to 7 are as follows—

(a) Part 2 and Chapter 1 of Part 6 set out circumstances in which the

5 interception of communications is lawful and make further provision

about the interception of communications and the treatment of material

obtained in connection with it,

(b) Part 3 and Chapter 2 of Part 6 set out circumstances in which the

obtaining of communications data is lawful and make further provision

10 about the obtaining and treatment of such data,

(c) Part 4 makes provision for the retention of certain communications

data,

(d) Part 5 and Chapter 3 of Part 6 deal with equipment interference

warrants, and

(e) 15 Part 7 deals with bulk personal dataset warrants.

(5) As to the rest of the Act—

(a) Part 8 deals with oversight arrangements for regimes in this Act and

elsewhere, and

(b) Part 9 contains miscellaneous and general provisions including

20 amendments to sections 3 and 5 of the Intelligence Services Act 1994

and provisions about national security and combined warrants and

authorisations.

Prohibitions against unlawful interception

2 Offence of unlawful interception

(1) 25 A person commits an offence if—

(a) the person intentionally intercepts a communication in the course of its

transmission by means of—

(i) a public telecommunication system,

(ii) a private telecommunication system, or

(iii) 30 a public postal service,

(b) the interception is carried out in the United Kingdom, and

(c) the person does not have lawful authority to carry out the interception.

(2) But it is not an offence under subsection (1) for a person to intercept a

communication in the course of its transmission by means of a private

35 telecommunication system if the person—

(a) is a person with a right to control the operation or use of the system, or

(b) has the express or implied consent of such a person to carry out the

interception.

(3) Sections 3 and 4 contain provision about—

(a) 40 the meaning of “interception”, and

(b) when interception is to be regarded as carried out in the United

Kingdom.

(4) Section 5 contains provision about when a person has lawful authority to carry

out an interception.

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(5) For the meaning of the terms used in subsection (1)(a)(i) to (iii), see sections 223

and 224.

(6) A person who is guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) 5 on summary conviction in Scotland or Northern Ireland, to a fine not

exceeding the statutory maximum;

(c) on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine, or to both.

(7) No proceedings for any offence which is an offence by virtue of this section

10 may be instituted—

(a) in England and Wales, except by or with the consent of the Director of

Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Director of

Public Prosecutions for Northern Ireland.

3 15 Definition of “interception” etc.

Interception in relation to telecommunication systems

(1) For the purposes of this Act, a person intercepts a communication in the course

of its transmission by means of a telecommunication system if, and only if—

(a) the person does a relevant act in relation to the system, and

(b) 20 the effect of the relevant act is to make any content of the

communication available, at a relevant time, to a person who is not the

sender or intended recipient of the communication.

For the meaning of “content” in relation to a communication, see section 223(6).

(2) In this section “relevant act”, in relation to a telecommunication system,

25 means—

(a) modifying, or interfering with, the system or its operation;

(b) monitoring transmissions made by means of the system;

(c) monitoring transmissions made by wireless telegraphy to or from

apparatus that is part of the system.

(3) 30 For the purposes of this section references to modifying a telecommunication

system include references to attaching any apparatus to, or otherwise

modifying or interfering with—

(a) any part of the system, or

(b) any wireless telegraphy apparatus used for making transmissions to or

35 from apparatus that is part of the system.

(4) In this section “relevant time”, in relation to a communication transmitted by

means of a telecommunication system, means—

(a) any time while the communication is being transmitted, and

(b) any time when the communication is stored in or by the system

40 (whether before or after its transmission).

(5) For the purposes of this section, the cases in which any content of a

communication is to be taken to be made available to a person at a relevant

time include any case in which any of the communication is diverted or

recorded at a relevant time so as to make any content of the communication

45 available to a person after that time.

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(6) In this section “wireless telegraphy” and “wireless telegraphy apparatus” have

the same meaning as in the Wireless Telegraphy Act 2006 (see sections 116 and

117 of that Act).

Interception in relation to postal services

(7) 5 Section 125(3) of the Postal Services Act 2000 applies for the purposes of

determining for the purposes of this Act whether a postal item is in the course

of its transmission by means of a postal service as it applies for the purposes of

determining for the purposes of that Act whether a postal packet is in course

of transmission by post.

10 Interception carried out in the United Kingdom

(8) For the purposes of this Act the interception of a communication is carried out

in the United Kingdom if, and only if—

(a) the relevant act or, in the case of a postal item, the interception is carried

out by conduct within the United Kingdom, and

(b) 15 the communication is intercepted—

(i) in the course of its transmission by means of a public

telecommunication system or a public postal service, or

(ii) in the course of its transmission by means of a private

telecommunication system in a case where the sender or

20 intended recipient of the communication is in the United

Kingdom.

4 Conduct that is not interception

(1) References in this Act to the interception of a communication do not include

references to the interception of any communication broadcast for general

25 reception.

(2) References in this Act to the interception of a communication in the course of

its transmission by means of a postal service do not include references to—

(a) any conduct that takes place in relation only to so much of the

communication as consists of any postal data comprised in, included as

30 part of, attached to, or logically associated with a communication

(whether by the sender or otherwise) for the purposes of any postal

service by means of which it is being or may be transmitted, or

(b) any conduct, in connection with conduct falling within paragraph (a),

that gives a person who is neither the sender nor the intended recipient

35 only so much access to a communication as is necessary for the purpose

of identifying such postal data.

For the meaning of “postal data”, see section 224.

5 Definition of “lawful authority”

(1) For the purposes of this Act, a person has lawful authority to carry out an

40 interception if, and only if—

(a) the interception is carried out in accordance with—

(i) a targeted interception warrant or mutual assistance warrant

under Chapter 1 of Part 2, or

(ii) a bulk interception warrant under Chapter 1 of Part 6,

(b) 45 the interception is authorised by any of sections 37 to 45, or

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(c) in the case of a communication stored in or by a telecommunication

system, the interception—

(i) is carried out in accordance with a targeted equipment

interference warrant under Part 5 or a bulk equipment

5 interference warrant under Chapter 3 of Part 6,

(ii) is in the exercise of any statutory power that is exercised for the

purpose of obtaining information or taking possession of any

document or other property, or

(iii) is carried out in accordance with a court order made for that

10 purpose.

(2) Conduct which has lawful authority for the purposes of this Act by virtue of

subsection (1)(a) or (b) is to be treated as lawful for all other purposes.

(3) Any other conduct which—

(a) is carried out in accordance with a warrant under Chapter 1 of Part 2 or

15 a bulk interception warrant, or

(b) is authorised by any of sections 37 to 45,

is to be treated as lawful for all purposes.

6 Monetary penalties for certain unlawful interceptions

(1) The Investigatory Powers Commissioner may serve a monetary penalty notice

20 on a person if conditions A and B are met.

(2) A monetary penalty notice is a notice requiring the person on whom it is served

to pay to the Investigatory Powers Commissioner (“the Commissioner”) a

monetary penalty of an amount determined by the Commissioner and

specified in the notice.

(3) 25 Condition A is that the Commissioner considers that—

(a) the person has intercepted, in the United Kingdom, any

communication in the course of its transmission by means of a public

telecommunication system,

(b) the person did not have lawful authority to carry out the interception,

30 and

(c) the person was not, at the time of the interception, making an attempt

to act in accordance with an interception warrant which might, in the

opinion of the Commissioner, explain the interception.

(4) Condition B is that the Commissioner does not consider that the person has

35 committed an offence under section 2.

(5) The amount of a monetary penalty determined by the Commissioner under

this section must not exceed £50,000.

(6) Schedule 1 (which makes further provision about monetary penalty notices)

has effect.

(7) 40 In this section “interception warrant” means—

(a) a targeted interception warrant or mutual assistance warrant under

Chapter 1 of Part 2, or

(b) a bulk interception warrant under Chapter 1 of Part 6.

(8) For the meaning of “interception” and other key expressions used in this

45 section, see sections 3 to 5.

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7 Restriction on requesting interception by overseas authorities

(1) This section applies to a request for any authorities of a country or territory

outside the United Kingdom to carry out the interception of communications

sent by, or intended for, an individual who the person making the request

5 believes will be in the British Islands at the time of the interception.

(2) A request to which this section applies may not be made by or on behalf of a

person in the United Kingdom unless—

(a) a targeted interception warrant has been issued under Chapter 1 of Part

2 authorising the person to whom it is addressed to secure the

10 interception of communications sent by, or intended for, that

individual, or

(b) a targeted examination warrant has been issued under that Chapter

authorising the person to whom it is addressed to carry out the

selection of the content of such communications for examination.

8 15 Restriction on requesting assistance under mutual assistance agreements etc.

(1) This section applies to—

(a) a request for assistance under an EU mutual assistance instrument, and

(b) a request for assistance in accordance with an international mutual

assistance agreement.

(2) 20 A request to which this section applies may not be made by or on behalf of a

person in the United Kingdom to the competent authorities of a country or

territory outside the United Kingdom unless a mutual assistance warrant has

been issued under Chapter 1 of Part 2 authorising the making of the request.

(3) In this section—

25 “ EU mutual assistance instrument” means an EU instrument which— (a) relates to the provision of mutual assistance in connection with,

or in the form of, the interception of communications, (b) requires the issue of a warrant, order or equivalent instrument

in cases in which assistance is given, and (c) 30 is designated as an EU mutual assistance instrument by

regulations made by the Secretary of State;

“international mutual assistance agreement” means an international

agreement which— (a) relates to the provision of mutual assistance in connection with,

35 or in the form of, the interception of communications, (b) requires the issue of a warrant, order or equivalent instrument

in cases in which assistance is given, and (c) is designated as an international mutual assistance agreement

by regulations made by the Secretary of State.

40 Prohibition against unlawful obtaining of communications data

9 Offence of unlawfully obtaining communications data

(1) A relevant person who, without lawful authority, knowingly or recklessly

obtains communications data from a telecommunications operator or a postal

operator is guilty of an offence.

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(2) In this section “relevant person” means a person who holds an office, rank or

position with a relevant public authority (within the meaning of Part 3).

(3) Subsection (1) does not apply to a relevant person who shows that the person

acted in the reasonable belief that the person had lawful authority to obtain the

5 communications data.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales—

(i) to imprisonment for a term not exceeding 12 months (or 6

months, if the offence was committed before the

10 commencement of section 154(1) of the Criminal Justice Act

2003), or

(ii) to a fine,

or to both;

(b) on summary conviction in Scotland—

(i) 15 to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum,

or to both;

(c) on summary conviction in Northern Ireland—

(i) to imprisonment for a term not exceeding 6 months, or

(ii) 20 to a fine not exceeding the statutory maximum,

or to both;

(d) on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine, or to both.

Abolition of powers to obtain communications data

10 25 Abolition or restriction of certain powers to obtain communications data

(1) Schedule 2 (which repeals certain information powers so far as they enable

public authorities to secure the disclosure by a telecommunications operator or

postal operator of communications data without the consent of the operator)

has effect.

(2) 30 Any general information power which—

(a) would (apart from this subsection) enable a public authority to secure

the disclosure by a telecommunications operator or postal operator of

communications data without the consent of the operator, and

(b) does not involve a court order or other judicial authorisation or warrant

35 and is not a regulatory power or a relevant postal power,

is to be read as not enabling the public authority to secure such a disclosure.

(3) A regulatory power or relevant postal power which enables a public authority

to secure the disclosure by a telecommunications operator or postal operator of

communications data without the consent of the operator may only be

40 exercised by the public authority for that purpose if it is not possible for the

authority to use a power under this Act to secure the disclosure of the data.

(4) The Secretary of State may by regulations modify any enactment in

consequence of subsection (2).

(5) In this section “general information power” means—

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(a) in relation to disclosure by a telecommunications operator, any power

to obtain information or documents (however expressed) which—

(i) is conferred by or under an enactment other than this Act or the

Regulation of Investigatory Powers Act 2000, and

(ii) 5 does not deal (whether alone or with other matters) specifically

with telecommunications operators or any class of

telecommunications operators, and

(b) in relation to disclosure by a postal operator, any power to obtain

information or documents (however expressed) which—

(i) 10 is conferred by or under an enactment other than this Act or the

Regulation of Investigatory Powers Act 2000, and

(ii) does not deal (whether alone or with other matters) specifically

with postal operators or any class of postal operators.

(6) In this section—

15 “power” includes part of a power,

“regulatory power” means any power to obtain information or

documents (however expressed) which— (a) is conferred by or under an enactment other than this Act or the

Regulation of Investigatory Powers Act 2000, and (b) 20 is exercisable for the purpose of regulatory functions,

“relevant postal power” means any power to obtain information or

documents (however expressed) which— (a) is conferred by or under an enactment other than this Act or the

Regulation of Investigatory Powers Act 2000, and (b) 25 is exercisable in connection with the conveyance or expected

conveyance of any postal item into or out of the United

Kingdom,

and references to powers include duties (and references to enabling and

exercising are to be read as including references to requiring and performing).

30 Restrictions on interference with equipment

11 Mandatory use of equipment interference warrants

(1) An intelligence service may not, for the purpose of obtaining communications,

private information or equipment data, engage in conduct which could be

authorised by an equipment interference warrant except under the authority of

35 such a warrant if—

(a) the intelligence service considers that the conduct would (unless done

under lawful authority) constitute one or more offences under sections

1 to 3A of the Computer Misuse Act 1990 (computer misuse offences),

and

(b) 40 there is a British Islands connection.

(2) For the purpose of this section, there is a British Islands connection if—

(a) any of the conduct would take place in the British Islands (regardless of

the location of the equipment which would, or may, be interfered with),

(b) the intelligence service believes that any of the equipment which

45 would, or may, be interfered with would, or may, be in the British

Islands at some time while the interference is taking place, or

(c) a purpose of the interference is to obtain—

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(i) communications sent by, or to, a person who is, or whom the

intelligence service believes to be, for the time being in the

British Islands,

(ii) private information relating to an individual who is, or whom

5 the intelligence service believes to be, for the time being in the

British Islands, or

(iii) equipment data which forms part of, or is connected with,

communications or private information falling within sub-

paragraph (i) or (ii).

(3) 10 This section does not restrict the ability of the head of an intelligence service to

apply for an equipment interference warrant in cases where—

(a) the intelligence service does not consider that the conduct for which it

is seeking authorisation would (unless done under lawful authority)

constitute one or more offences under sections 1 to 3A of the Computer

15 Misuse Act 1990, or

(b) there is no British Islands connection.

(4) In this section—

“communications”, “private information” and “equipment data” have the

same meaning as in Part 5 (see section 118);

20 “equipment interference warrant” means— (a) a targeted equipment interference warrant under Part 5; (b) a bulk equipment interference warrant under Chapter 3 of Part

6.

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

(1) 25 A person may not, for the purpose of obtaining communications, private

information or equipment data, make an application under section 93 of the

Police Act 1997 for authorisation to engage in conduct which could be

authorised by a targeted equipment interference warrant if the applicant

considers that the conduct would (unless done under lawful authority)

30 constitute one or more offences under sections 1 to 3A of the Computer Misuse

Act 1990 (computer misuse offences).

(2) In this section, “communications”, “private information” and “equipment

data” have the same meaning as in Part 5 (see section 118).

Part 2 35 Lawful interception of communications

CHAPTER 1 Interception and examination with a warrant

Warrants under this Chapter

13 Warrants that may be issued under this Chapter

(1) There are three kinds of warrant that may be issued under this Chapter—