50
Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
PART 3
AUTHORISATIONS FOR OBTAINING COMMUNICATIONS DATA
Targeted authorisations for obtaining data
61
Power to grant authorisations
(1)
Subsection (2) applies if a designated senior officer of a relevant public
authority considers—
(a) that it is necessary to obtain communications data for a purpose falling
within subsection (7),
(b) that it is necessary to obtain the data—
(i) for the purposes of a specific investigation or a specific
operation, or
(ii) for the purposes of testing, maintaining or developing
equipment, systems or other capabilities relating to the
availability or obtaining of communications data, and
(c) that the conduct authorised by the authorisation is proportionate to
what is sought to be achieved.
(2)
The designated senior officer may authorise any officer of the authority to
engage in any conduct which—
(a) is for the purpose of obtaining the data from any person, and
(b) relates to—
(i) a telecommunication system, or
(ii) data derived from a telecommunication system.
(3)
Subsections (1) and (2) are subject to—
(a) section 62 (restrictions in relation to internet connection records),
(b) section 63 (additional restrictions on grant of authorisations),
(c) sections 70 and 73 to 75 and Schedule 4 (restrictions relating to certain
relevant public authorities),
(d) section 76 (requirement to consult a single point of contact), and
(e) section 77 (Commissioner approval for authorisations to identify or
confirm journalistic sources).
(4)
Authorised conduct may, in particular, consist of an authorised officer—
(a) obtaining the communications data themselves from any person or
telecommunication system,
(b) asking any person whom the authorised officer believes is, or may be,
in possession of the communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the person’s possession
or subsequently obtained by that person) to a person identified
by, or in accordance with, the authorisation, or
(c) requiring by notice a telecommunications operator whom the
authorised officer believes is, or may be, in possession of the
communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and