Acquisition and disclosure of communications data under the Investigatory Powers Act 2016
Produced in partnership with Carolina Bracken of 5 Paper Buildings
Acquisition and disclosure of communications data under the Investigatory Powers Act 2016

The following Corporate Crime guidance note Produced in partnership with Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:

  • Acquisition and disclosure of communications data under the Investigatory Powers Act 2016
  • Lawful interception of communications
  • Application for warrant in urgent cases
  • Items subject to legal privilege
  • Journalistic material
  • Duration, renewal, and modification
  • Implementation
  • Safeguards
  • Other forms of lawful interception
  • Power to grant authorisations
  • more

The Investigatory Powers Act 2016 (IPA 2016) overhauls the legal framework governing the use of acquisition and use of communications data by public bodies, a framework which had been largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Data Retention and Investigatory Powers Act 2014 (DRIPA 2014).

For an overview of the IPA 2016, see Practice Note: The Investigatory Powers Act 2016—an introductory guide.

The provisions that govern the acquisition and disclosure of communications data are contained within IPA 2016, Pts 2 and 3. IPA 2016 will repeal the provisions relating to the interception and acquisition of communications data contained in RIPA 2000 however RIPA 2000, ss 21–25 (Part I, Chapter II) remains in force for a period of time after the commencement of IPA 2016, Pt 3 to allow relevant public authorities to transition in a staged way from the processes under RIPA 2000 to IPA 2016. According to the explanatory notes of the Investigatory Powers Act 2016 (Commencement No 11) Regulations 2019, SI 2019/174, it is anticipated that RIPA 2000, ss 21–25 (Part I, Chapter II) will be repealed by the end of 2019. See Practice Notes: Acquisition and disclosure of communications data under RIPA 2000 and The Investigatory Powers Act 2016—an introductory guide.

The provisions of IPA 2016 are supplemented by the Code