Telecommunication system definition

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Powers of public authorities under the Investigatory Powers Act 2016—checklist

Powers of public authorities 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) overhauls the legal framework governing the use of covert surveillance by...

Statutory defences and sentences for offences under RIPA 2000—checklist [Archived]

Statutory defences and sentences for offences under RIPA 2000—checklist [Archived] ARCHIVED: This archived Checklist is not being maintained. For information on offences which can be committed under the Investigatory Powers Act 2016, see: Offences under the Investigatory Powers Act 2016—checklist. On 27 June 2018, the offences relating to unlawful interception and disclosure of communications data under RIPA 2000, ss 1 and 19 were repealed and replaced by the offences of unlawful interception and making unauthorised disclosures under the sections 3 and 59 of the Investigatory Powers Act 2016 (IPA 2016). On 27 December 2018, under RIPA 2000, s 11 was repealed. For information on the background and scope of IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. While offences under these provisions cannot now be committed, prosecutions may still be brought where the offence was committed before the date on which the offence was repealed (27 June 2016 for sections 1 and 19 offences, 27 December 2018 for section 11 offences). Where an unlawful interception or disclosure offence occurred...

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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...

The regulation of intelligence gathering—an introductory guide

The regulation of intelligence gathering—an introductory guide 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. A range of statutory obligations regulate the acquisition, retention, examination and dissemination of private material by public authorities...

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Policy—internet, email and communications (short form)

Policy—internet, email and communications (short form) FORTHCOMING CHANGE: The Information Commissioner’s Office (ICO) has published draft guidance on keeping employment records and recruitment and selection which is open for consultation until 5 March 2024, and has also removed the employment practices code (first published in March 2002, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Precedent will be updated once the ICO draft guidance is finalised. You must read this policy because it gives important information about: • the Company’s rules on the use of internet, email, telephone and other communications systems at work, including in relation to confidentiality, security and personal use; • how the Company monitors the use of those systems; • your rights and obligations in relation to...

Policy—internet, email and communications

Policy—internet, email and communications FORTHCOMING CHANGE: The Information Commissioner’s Office (ICO) has published draft guidance on keeping employment records and recruitment and selection which is open for consultation until 5 March 2024, and has also removed the employment practices code (first published in March 2002, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Precedent will be updated once the ICO draft guidance is finalised. You must read this policy because it gives important information about: • the Company’s rules on the use of internet, email, telephone and other communications systems at work, including in relation to confidentiality, security and personal use; • how the Company monitors the use of those systems; • your rights and obligations in relation to ...

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What are the implications for an organisation if it fails to notify all individuals concerned that external calls, in which information including personal data is shared, are monitored and recorded?

What are the implications for an organisation if it fails to notify all individuals concerned that external calls, in which information including personal data is shared, are monitored and recorded? In answering this Q&A, the response has been limited to cover the privacy and data protection implications that may arise. The position under the forthcoming General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) has not been considered. Data Protection Act 1998 (DPA 1998) Monitoring and recording calls involves collecting personal data and, depending on the context, sensitive personal data relating to the parties to the call (for example, if an employee calls his/her doctor on a workplace phone and discusses a health condition). Section 1(1) of the Data Protection Act 1998 (DPA 1998) provides that ‘processing’ personal data includes ‘obtaining, recording or holding’ personal data, which covers call monitoring and recording, and the organisation monitoring and recording is the ‘data controller’ and the individuals subject to it are ‘data subjects’. See Practice Note: Key definitions under...

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European Commission issues guidelines on the definition of AI systems

EU Law analysis: The European Commission has issued long awaited comprehensive guidelines on the definition of AI systems, as established by Regulation (EU) 2024/1689 (EU AI Act). With these practical guidelines, the Commission aims to assist providers, deployers, importers, distributors of AI systems in determining whether a system constitutes an AI system within the meaning of the EU AI Act, thereby facilitating the effective application and enforcement of that Act. The definition of AI systems entered into force on 2 February 2025. Dóra Petrányi, Central Eastern Europe managing director and co-head of the Technology, Media and Communications Group, Katalin Horváth and Ian Stevens, partners at CMS, analyse the key elements of the AI system definition.

Changes to the UK Russian sanctions regime as at 14 December 2023

Corporate Crime analysis: As part of its continued response to the conflict in Ukraine, the UK government has further amended the UK sanctions regime for Russia under the Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019/855. The latest amendments are made by the Russia (Sanctions) (EU Exit) (Amendment) (No 4) Regulations 2023, SI 2023/1364, which take effect partly on 15 December and fully on 26 December 2023, and the Russia (Sanctions) (EU Exit) (Amendment) (No 5) Regulations 2023, SI 2023/1367, which take effect on 1 January 2024. This is a summary of the key changes made to the Russia (Sanctions) (EU Exit) Regulations 2019.