Overview

This bill, the Data Retention and Investigatory Powers Bill, addresses the UK's need to retain communications data for law enforcement and national security purposes following a European Union court ruling that invalidated a previous directive. It amends existing legislation to allow for the retention of specific data, expands investigatory powers, and mandates a review of these powers.

Description

The bill's core function is to establish a legal framework for the retention of communications data (like phone numbers, call times, and IP addresses) by telecommunications operators. This retention is permitted only if deemed necessary and proportionate for purposes outlined in the Regulation of Investigatory Powers Act 2000, such as national security or crime prevention. The bill specifies the data to be retained, the maximum retention period (12 months), and safeguards for data handling and disclosure. The Secretary of State will be responsible for issuing retention notices and overseeing the process.

Investigatory Powers

The bill broadens the grounds for issuing interception warrants and obtaining communications data, including extending powers to cases relevant to national security. It also extends the extra-territorial application of relevant parts of the Regulation of Investigatory Powers Act 2000, allowing for the service of warrants and notices to individuals and organizations outside the UK.

Reporting and Review

The bill requires the Interception of Communications Commissioner to submit half-yearly reports to Parliament on the use of investigatory powers. Furthermore, it mandates an independent review of the operation and regulation of these powers, with a report due before May 1, 2015, focusing on threats, capabilities, privacy, technological changes, and transparency.

Government Spending

The bill may lead to increased government spending on reimbursement of expenses incurred by telecommunications operators in complying with data retention requirements, and paying for the independent review of investigatory powers. Exact figures are not specified in the bill text.

Groups Affected

• Telecommunications operators: They will be required to retain and handle specified communications data, potentially incurring costs.
• Law enforcement agencies: They will gain access to a wider range of communications data, aiding investigations.
• Individuals: Their privacy may be affected through increased data retention, though safeguards are included.
• Organizations operating outside the UK: The bill’s extra-territorial provisions may impact their operations and data handling practices.

Powered by nyModel