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 practice 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
  • Abolition or restriction of certain powers to obtain communications data
  • More...

The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of acquisition and use of communications data by public bodies, a framework which previously had been largely, but not exclusively, contained in 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 IPA 2016 repealed the provisions relating to the interception and acquisition of communications data contained in RIPA 2000. See Practice Note: Acquisition and disclosure of communications data under RIPA 2000 [Archived].

The provisions of IPA 2016 are supplemented by the Code of Practice on the Interception of Communications Data and the Communications Data Code of Practice. These Codes of Practice are essential reading for relevant public authorities involved in the acquisition of communications data under IPA 2016 and for telecommunications operators and postal operators involved in the retention of communications data and/or its disclosure to public authorities under IPA 2016.

The provisions in the IPA 2016 which replaced DRIPA 2014, ss 1–2 came into force on 30 December 2016 by virtue of the Investigatory Powers Act 2016 (Commencement No 1 and Transitional Provisions) Regulations

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