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GLOSSARY

Communications data definition

Published by a LexisNexis Practice Compliance expert

What does Communications data mean?

“Communications data”, in relation to a postal operator or postal service, means— (a) postal data comprised in, included as part of, attached to or logically associated with a communication (whether by the sender or otherwise) for the purposes of a postal service by means of which it is being or may be transmitted, (b) information about the use made by any person of a postal service (but excluding any content of a communication (apart from information within paragraph (a)), or (c) information not within paragraph (a) or (b) that is (or is to be or is capable of being) held or obtained by or on behalf of a person providing a postal service, is about those to whom the service is provided by that person and relates to the service so provided.

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Internal investigation on suspicion of failure to prevent bribery—checklist

Internal investigation on suspicion of failure to prevent bribery—checklist The following questions and issues should be at the forefront of a lawyer’s mind when advising in relation to an internal investigation on suspicion of failure to prevent bribery. This Checklist should be read in conjunction with Practice Notes: The Bribery Act 2010—an introductory guide, Failure to prevent bribery—the offence and Self-reporting corporate offences. Initial Considerations Oversight The top-level management of an organisation should be committed to preventing associated persons from engaging in bribery. They should foster a culture within the organisation in which bribery is unacceptable. Consider: • Has the company appointed an officer of sufficient seniority responsible for anti-bribery? • Does the Board, or an appropriately constituted sub-committee of the Board, have oversight of the work of the anti-bribery officer and any investigation arising out of reports of suspected bribery? Internal reporting/whistleblowing • Does the company have a defined whistleblowing strategy? • Is it well-known and enforced throughout the company? • Has your company got clear reporting channels for...

Offences under the Investigatory Powers Act 2016—checklist

Offences under the Investigatory Powers Act 2016—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. In addition, the government has introduced new and amended codes of practice under the Investigatory Powers Act 2016 (IPA 2016) which were brought into force on 6 June 2025 by the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025, SI 2025/656 (see: LNB News 09/06/2025 23). This Checklist is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert surveillance by public bodies. IPA...

Discover our 6 Checklists on Communications data

Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016

Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. In addition, the government has introduced new and amended codes of practice under the Investigatory Powers Act 2016 (IPA 2016) which were brought into force on 6 June 2025 by the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025, SI 2025/656 (see: LNB News 09/06/2025 23). This Practice Note is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing...

Duty of candour and disclosure requirements in judicial review

Duty of candour and disclosure requirements in judicial review Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty of candour rather than a formal disclosure process. Default lack of formal disclosure and inspection exercise Disclosure is not required unless the court orders otherwise. This default position is because judicial review is usually concerned with the legal consequences of (largely) agreed facts and the court is not trying to resolve factual disputes, and because both parties have a ‘duty of candour’ to the court, such that ‘disclosure’ as such is not required (though in practice the result will likely be the same). This applies in judicial review, statutory reviews and appeals in the Administrative Court. The court has a broad discretion to order disclosure. However, that discretion will be exercised sparingly. General duty of candour All parties to judicial review proceedings are under a general duty of candour requiring them to disclose facts and...

Discover our 32 Practice Notes on Communications data

Does the Regulation of Investigatory Powers Act 2000 apply to civil and family law proceedings and to what extent can a local authority use surveillance for the purposes of civil or family law proceedings?

Does the Regulation of Investigatory Powers Act 2000 apply to civil and family law proceedings and to what extent can a local authority use surveillance for the purposes of civil or family law proceedings? Please note that the extent to which any powers of the local authority under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) may apply to civil or family proceedings is likely to depend upon the specific type of proceedings; the specific function being exercised by the local authority in relation to them; and the type of activity which is proposed. We have set out below some general guidance on RIPA powers as may be used by a local authority. The right to respect for private and family life is governed by Article 8 of the European Convention on Human Rights (ECHR), contained in the Human Rights Act 1998 (HRA 1998), and it is therefore unlawful for a public authority to act in a way that is not compatible with any convention rights....

Are there any powers available to a parish council to contract with a commercial provider to install and operate ANPR cameras to monitor the parking of vehicles at a car park operated by them?

Are there any powers available to a parish council to contract with a commercial provider to install and operate ANPR cameras to monitor the parking of vehicles at a car park operated by them? In conducting our research we have focussed on powers to make decisions. However there are specific considerations applicable to the use of ANPR cameras by a public authority that must be considered, as should the public procurement implications of any contracting arrangement. The powers of a parish council A parish council may only do such things as are expressly or impliedly authorised by statute or by subordinate legislation. Local authorities are generally authorised by statute to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions (see section 111 of the Local Government Act 1972 (LGA 1972)). The Competence Power (see Part 1 of the Localism Act 2011 (LA 2011)) was introduced on 17 February 2012 as an extensive, primary, empowering measure to...

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Corporate Crime weekly highlights—7 December 2023

This week's edition of Corporate Crime weekly highlights includes analysis of the provisions of the Economic Crime and Corporate Transparency Act 2023 that will make changes to company registers, of the government’s guidance on ownership and control in sanctions regulations and of what has happened in 2023 in regulatory crime and what to watch out for in 2024. Also included is news of the Crown Prosecution Service (CPS) entering into its first ever deferred prosecution agreement, of a record £1m charitable donation by Yorkshire Water as part of an environmental enforcement undertaking, of a £1.4m fine for a cider manufacturer following the death of an employee and of a red alert issued by the National Crime Agency (NCA) to financial institutions and other members of the UK regulated sector warning that Russia is attempting to circumvent UK sanctioned goods through complex supply chains. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—27 April 2023

This week's edition of Corporate Crime weekly highlights includes analysis of how the new failure to prevent fraud offence may affect companies, of the changes to the UK Russian sanctions regime as at 21 April 2023 and of the newly introduced Digital Markets, Competition and Consumers Bill. We also include news of changes to the Criminal Practice Directions for 2023, a webinar on financial services enforcement trends in 2023 and beyond and the latest round-up of prosecution news from the Serious Fraud Office (SFO). All this, and more, in this week’s Corporate Crime highlights.

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