Реплика Заместителя Постоянного представителя Российской Федерации Д.А.Балакина - К вопросу о повреждении исторического памятника в Абхазии
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The Secretary of State may by notice (a “retention notice”) require a public telecommunications operator to retain relevant communications data if the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within paragraphs (a) to (h) of section 22(2) of the Regulation of Investigatory Powers Act 2000 (purposes for which communications data may be obtained).
A retention notice may—
relate to a particular operator or any description of operators,
require the retention of all data or any description of data,
specify the period or periods for which data is to be retained,
contain other requirements, or restrictions, in relation to the retention of data,
make different provision for different purposes,
relate to data whether or not in existence at the time of the giving, or coming into force, of the notice.
The Secretary of State may by regulations make further provision about the retention of relevant communications data.
Such provision may, in particular, include provision about—
requirements before giving a retention notice,
the maximum period for which data is to be retained under a retention notice,
the content, giving, coming into force, review, variation or revocation of a retention notice,
the integrity, security or protection of, access to, or the disclosure or destruction of, data retained by virtue of this section,
the enforcement of, or auditing compliance with, relevant requirements or restrictions,
a code of practice in relation to relevant requirements or restrictions or relevant powers,
the reimbursement by the Secretary of State (with or without conditions) of expenses incurred by public telecommunications operators in complying with relevant requirements or restrictions,
the 2009 Regulations ceasing to have effect and the transition to the retention of data by virtue of this section.
The maximum period provided for by virtue of subsection (4)(b) must not exceed 12 months beginning with such day as is specified in relation to the data concerned by regulations under subsection (3).
A public telecommunications operator who retains relevant communications data by virtue of this section must not disclose the data except—
in accordance with—
Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000 (acquisition and disclosure of communications data), or
a court order or other judicial authorisation or warrant, or
as provided by regulations under subsection (3).
The Secretary of State may by regulations make provision, which corresponds to any provision made (or capable of being made) by virtue of subsection (4)(d) to (g) or (6), in relation to communications data which is retained by telecommunications service providers by virtue of a code of practice under section 102 of the Anti-terrorism, Crime and Security Act 2001.
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In this section and section 1—
“communications data” has the meaning given by section 21(4) of the Regulation of Investigatory Powers Act 2000 so far as that meaning applies in relation to telecommunications services and telecommunication systems;
“the 2009 Regulations” means the provisions known as the Data Retention (EC Directive) Regulations 2009 (S.I. 2009/859).
“notice” means notice in writing;
“telecommunications service provider” means a person who provides a telecommunications service;
“unsuccessful call attempt” means a communication where a telephone call has been successfully connected but not answered or there has been a network management intervention;
“telecommunications service” and “telecommunication system” have the meanings given by section 2(1) of the Regulation of Investigatory Powers Act 2000;
“Relevant communications data” includes (so far as it otherwise falls within the definition) communications data relating to unsuccessful call attempts that— but does not include data relating to unconnected calls or data revealing the content of a communication.
in the case of telephony data, is stored in the United Kingdom, or
in the case of internet data, is logged in the United Kingdom,
Regulations under section 1(3) may specify the communications data that is of the kind mentioned in the Schedule to the 2009 Regulations and, where they do so, the reference in the definition of “relevant communications data” to communications data of that kind is to be read as a reference to communications data so specified.
Any power to make regulations under section 1—
is exercisable by statutory instrument,
includes power to—
confer or impose functions (including those involving the exercise of a discretion) on any person (including the Secretary of State),
make supplementary, incidental, consequential, transitional, transitory or saving provision,
make different provision for different purposes,
may, so far as relating to provision about codes of practice, be exercised in particular by modifying the effect of sections 71 and 72 of the Regulation of Investigatory Powers Act 2000 (codes of practice in relation to certain powers and duties).
A statutory instrument containing regulations under section 1 is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
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Section 5 of the Regulation of Investigatory Powers Act 2000 (power to issue necessary and proportionate interception warrants in interests of national security, to prevent or detect serious crime or to safeguard the UK’s economic well-being) is amended as set out in subsection (2).
In subsection (3)(c) (economic well-being of the UK), after “purpose” insert “, in circumstances appearing to the Secretary of State to be relevant to the interests of national security,”.
Section 22 of that Act (power to obtain communications data in interests of national security, to prevent or detect serious crime, in interests of the UK’s economic well-being and for other specified purposes) is amended as set out in subsection (4).
In subsection (2)(c) (economic well-being of the UK), after “United Kingdom” insert “so far as those interests are also relevant to the interests of national security”.
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Part 1 of the Regulation of Investigatory Powers Act 2000 (communications) is amended as follows.
In section 11 (implementation of interception warrants), after subsection (2) insert—
In subsection (4) of that section, after “that person” insert “(whether or not the person is in the United Kingdom)”.
After subsection (5) of that section insert—
In subsection (8) of that section, after “enforceable” insert “(including in the case of a person outside the United Kingdom)”.
In section 12 (maintenance of interception capability), after subsection (3) insert—
In subsection (7) of that section—
after “person” insert “(whether or not the person is in the United Kingdom)”, and
after “enforceable” insert “(including in the case of a person outside the United Kingdom)”.
In section 22 (obtaining and disclosing communications data), after subsection (5) insert—
In subsection (6) of that section, after “operator” insert “(whether or not the operator is in the United Kingdom)”.
In subsection (8) of that section, after “enforceable” insert “(including in the case of a person outside the United Kingdom)”.
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Section 58 of the Regulation of Investigatory Powers Act 2000 (reports by the Interception of Communications Commissioner) is amended as follows.
In subsection (4) (annual reports), after “calendar year” insert “and after the end of the period of six months beginning with the end of each calendar year”.
In subsection (6) (duty to lay annual reports before Parliament), after “annual report” insert “, and every half-yearly report,”.
In subsection (6A) (duty to send annual reports to the First Minister), after “annual report” insert “, and every half-yearly report,”.
In subsection (7) (power to exclude matter from annual reports), after “annual report” insert “, or half-yearly report,”.
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The Secretary of State must appoint the independent reviewer of terrorism legislation to review the operation and regulation of investigatory powers.
The independent reviewer must, in particular, consider—
current and future threats to the United Kingdom,
the capabilities needed to combat those threats,
safeguards to protect privacy,
the challenges of changing technologies,
issues relating to transparency and oversight,
the effectiveness of existing legislation (including its proportionality) and the case for new or amending legislation.
The independent reviewer must, so far as reasonably practicable, complete the review before 1 May 2015.
The independent reviewer must send to the Prime Minister a report on the outcome of the review as soon as reasonably practicable after completing the review.
On receiving a report under subsection (4), the Prime Minister must lay a copy of it before Parliament together with a statement as to whether any matter has been excluded from that copy under subsection (6).
If it appears to the Prime Minister that the publication of any matter in a report under subsection (4) would be contrary to the public interest or prejudicial to national security, the Prime Minister may exclude the matter from the copy of the report laid before Parliament.
The Secretary of State may pay to the independent reviewer—
expenses incurred in carrying out the functions of the independent reviewer under this section, and
such allowances as the Secretary of State determines.
In this section “the independent reviewer of terrorism legislation” means the person appointed under section 36(1) of the Terrorism Act 2006 (and “independent reviewer” is to be read accordingly).
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Subject to subsection (2), this Act comes into force on the day on which it is passed.
Section 1(6) comes into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
Sections 1 to 7 (and the provisions inserted into the Regulation of Investigatory Powers Act 2000 by sections 3 to 6) are repealed on 31 December 2016.
This Act extends to England and Wales, Scotland and Northern Ireland.
This Act may be cited as the Data Retention and Investigatory Powers Act 2014.