Communications data retention
Produced in partnership with Carolina Bracken of 5 Paper Buildings
Communications data retention

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:

  • Communications data retention
  • Response to the invalidity of the Data Retention Directive
  • Incompatibility of DRIPA 2014
  • Powers to require retention of certain types of data
  • Review by the Secretary of State
  • Variation or revocation of a retention notice
  • Extra-territorial application of IPA 2016, Pt 4
  • Definition of 'telecommunications service'

The Investigatory Powers Act 2016 (IPA 2016) provides the existing legal framework governing the use of covert surveillance by public bodies. This framework previously 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).

The provisions that govern the retention of communications data are contained within IPA 2016, Pt 4.

IPA 2016, Pt 4 provides for the retention of communications data by telecommunications and postal operators so it is available for subsequent access by public authorities when authorised under IPA 2016.

The provisions in the IPA 2016 which replaced DRIPA 2014, ss 1 and 2 came into force on 30 December 2016. All remaining provisions in Part 4 took effect from 1 November 2018. Retention notices given under DRIPA 2014 continued to have effect for a period of six months from the 30 December 2016. For information about the IPA 2016, see Practice Note: The Investigatory Powers Act 2016—an introductory guide and News Analysis: Understanding the Investigatory Powers Act.

Response to the invalidity of the Data Retention Directive

DRIPA 2014 was introduced in response to the Court of Justice of the European Union (CJEU) decision in Digital Rights Ireland v Minister for Communications, Marine and Natural Resources that the EU Data Retention Directive 2006/24/EC (the Data Retention Directive)

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