10
Investigatory Powers Act 2016 (c. 25)
Part 1 — General privacy protections
(a)
(b)
(6)
in relation to disclosure by a telecommunications operator, any power
to obtain information or documents (however expressed) which—
(i) is conferred by or under an enactment other than this Act or the
Regulation of Investigatory Powers Act 2000, and
(ii) does not deal (whether alone or with other matters) specifically
with telecommunications operators or any class of
telecommunications operators, and
in relation to disclosure by a postal operator, any power to obtain
information or documents (however expressed) which—
(i) is conferred by or under an enactment other than this Act or the
Regulation of Investigatory Powers Act 2000, and
(ii) does not deal (whether alone or with other matters) specifically
with postal operators or any class of postal operators.
In this section—
“power” includes part of a power,
“regulatory power” means any power to obtain information or
documents (however expressed) which—
(a) is conferred by or under an enactment other than this Act or the
Regulation of Investigatory Powers Act 2000, and
(b) is exercisable in connection with the regulation of—
(i) telecommunications operators, telecommunications
services or telecommunication systems, or
(ii) postal operators or postal services,
“relevant postal power” means any power to obtain information or
documents (however expressed) which—
(a) is conferred by or under an enactment other than this Act or the
Regulation of Investigatory Powers Act 2000, and
(b) is exercisable in connection with the conveyance or expected
conveyance of any postal item into or out of the United
Kingdom,
and references to powers include duties (and references to enabling and
exercising are to be read as including references to requiring and performing).
Restrictions on interference with equipment
13
Mandatory use of equipment interference warrants
(1)
An intelligence service may not, for the purpose of obtaining communications,
private information or equipment data, engage in conduct which could be
authorised by an equipment interference warrant except under the authority of
such a warrant if—
(a) the intelligence service considers that the conduct would (unless done
under lawful authority) constitute one or more offences under sections
1 to 3A of the Computer Misuse Act 1990 (computer misuse offences),
and
(b) there is a British Islands connection.
(2)
For the purpose of this section, there is a British Islands connection if—
(a) any of the conduct would take place in the British Islands (regardless of
the location of the equipment which would, or may, be interfered with),