Overview

This bill, the Data Retention and Investigatory Powers Bill, aims to update UK law on data retention and investigatory powers following a European Court of Justice ruling that invalidated a previous directive. It proposes new rules for retaining communications data, expands the grounds for issuing warrants, extends the reach of investigatory powers beyond UK borders, and mandates more frequent reporting by the Interception of Communications Commissioner.

Description

The bill addresses several key areas:

Data Retention:

The Secretary of State can require telecommunications operators to retain specified communications data for up to 12 months, if deemed necessary and proportionate for national security, crime prevention, or other specified purposes. Regulations will detail data types, retention periods, and safeguards for data security and access.

Investigatory Powers:

The bill amends existing legislation to broaden the grounds for issuing interception warrants and obtaining communications data. The changes explicitly link the economic well-being of the UK to national security interests.

Extra-Territoriality:

The bill extends the application of the Regulation of Investigatory Powers Act 2000 to allow for the service of warrants and notices on individuals and organizations outside the UK under certain circumstances, subject to safeguards.

Reporting:

The Interception of Communications Commissioner must now submit half-yearly reports to Parliament in addition to the existing annual reports.

Review:

The bill mandates an independent review of investigatory powers, examining current and future threats, necessary capabilities, privacy safeguards, and the effectiveness of existing legislation.

Government Spending

The bill does not specify direct government spending figures. However, it anticipates costs associated with compliance for telecommunications operators and funding for the independent review, with the possibility of reimbursement for operators' expenses.

Groups Affected

• Telecommunications operators: Will be subject to new data retention requirements, potentially incurring costs in complying with the legislation.
• Law enforcement agencies: Will have expanded powers for data access and interception, aiding investigations but potentially raising privacy concerns.
• Individuals: Will have their communications data retained for longer periods, leading to increased surveillance and potential privacy implications.
• Businesses: Will be subject to increased scrutiny and data requests, especially if involved in international communications.
• The Interception of Communications Commissioner: Increased workload due to the requirement for more frequent reports.
• The Independent Reviewer of Terrorism Legislation: Responsible for carrying out the review of investigatory powers.

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