Overview

This Investigatory Powers (Amendment) Bill amends the Investigatory Powers Act 2016, primarily to introduce new authorization processes for accessing bulk personal datasets and to enhance oversight arrangements. It also clarifies provisions on communications data, retention notices, and equipment interference, while addressing issues related to data breaches and journalistic material.

Description

The bill significantly alters the way bulk personal datasets are accessed. It introduces two new types of authorisations: individual and category authorisations. Individual authorisations are required for specific datasets where there's low or no reasonable expectation of privacy, while category authorisations cover entire categories of such datasets. Both require approval from a Judicial Commissioner, except in urgent cases, with robust review mechanisms. The bill also extends the duration of bulk personal dataset warrants from 6 to 12 months. Furthermore, it clarifies the powers to obtain communications data, introducing new safeguards and explicitly defining what constitutes unlawful acquisition. It strengthens oversight mechanisms by creating Deputy Investigatory Powers Commissioners, allowing for the delegation of functions by the Investigatory Powers Commissioner and introducing temporary commissioners to address potential shortages. The bill also imposes new requirements for notifying the Investigatory Powers Commissioner of personal data breaches and establishes a clear process for handling these breaches. Importantly, it adds safeguards to protect confidential journalistic material during bulk equipment interference operations, requiring approval from the Investigatory Powers Commissioner or a senior official before access.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The creation of additional roles (Deputy Investigatory Powers Commissioners, Temporary Judicial Commissioners) and associated administrative costs will likely increase government spending. However, precise figures are not available from the given text.

Groups Affected

• Intelligence Services: New authorization processes and oversight for accessing bulk personal datasets will directly impact their operations.
• Telecommunications Operators: New regulations on data retention, notification of changes to services, and handling of data breaches will affect their practices and potentially their costs.
• Postal Operators: Similar regulations as telecommunications operators.
• Individuals: Increased surveillance powers, though subject to new safeguards, could affect their privacy.
• Journalists: New safeguards are included to protect confidential journalistic material during bulk equipment interference.
• Judicial Commissioners: Increased workload and responsibilities for oversight.
• Investigatory Powers Commissioner: Increased responsibilities and oversight functions.
• Parliament: Greater oversight responsibility through reporting requirements to the Intelligence and Security Committee.

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