52
Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
(8)
The fact that the communications data which would be obtained in pursuance
of an authorisation relates to the activities in the British Islands of a trade union
is not, of itself, sufficient to establish that it is necessary to obtain the data for a
purpose falling within subsection (7).
(9)
See—
(a) sections 70 and 73 for the meanings of “designated senior officer” and
“relevant public authority”;
(b) section 84 for the way in which this Part applies to postal operators and
postal services.
62
Restrictions in relation to internet connection records
(1)
A designated senior officer of a local authority may not grant an authorisation
for the purpose of obtaining data which is, or can only be obtained by
processing, an internet connection record.
(2)
A designated senior officer of a relevant public authority which is not a local
authority may not grant an authorisation for the purpose of obtaining data
which is, or can only be obtained by processing, an internet connection record
unless condition A, B or C is met.
(3)
Condition A is that the designated senior officer considers that it is necessary,
for a purpose falling within section 61(7), to obtain the data to identify which
person or apparatus is using an internet service where—
(a) the service and time of use are already known, but
(b) the identity of the person or apparatus using the service is not known.
(4)
Condition B is that—
(a) the purpose for which the data is to be obtained falls within section
61(7) but is not the purpose falling within section 61(7)(b) of preventing
or detecting crime, and
(b) the designated senior officer considers that it is necessary to obtain the
data to identify—
(i) which internet communications service is being used, and when
and how it is being used, by a person or apparatus whose
identity is already known,
(ii) where or when a person or apparatus whose identity is already
known is obtaining access to, or running, a computer file or
computer program which wholly or mainly involves making
available, or acquiring, material whose possession is a crime, or
(iii) which internet service is being used, and when and how it is
being used, by a person or apparatus whose identity is already
known.
(5)
Condition C is that—
(a) the purpose for which the data is to be obtained is the purpose falling
within section 61(7)(b) of preventing or detecting crime,
(b) the crime to be prevented or detected is serious crime or other relevant
crime, and
(c) the designated senior officer considers that it is necessary to obtain the
data to identify—