Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
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(5)
The Secretary of State may by regulations provide for the person by whom any
function under subsection (4) is to be exercised where the person who would
otherwise have exercised it is no longer available to do so.
(6)
Such regulations may, in particular, provide for the person by whom the
function is to be exercised to be a person appointed in accordance with the
regulations.
(7)
A notice given in pursuance of an authorisation (and any requirement imposed
by the notice)—
(a) is not affected by the authorisation subsequently ceasing to have effect
under subsection (1), but
(b) is cancelled if the authorisation is cancelled under subsection (4).
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Duties of telecommunications operators in relation to authorisations
(1)
It is the duty of a telecommunications operator on whom a requirement is
imposed by notice given in pursuance of an authorisation to comply with that
requirement.
(2)
It is the duty of a telecommunications operator who is obtaining or disclosing
communications data, in response to a request or requirement for the data in
pursuance of an authorisation, to obtain or disclose the data in a way that
minimises the amount of data that needs to be processed for the purpose
concerned.
(3)
A person who is under a duty by virtue of subsection (1) or (2) is not required
to take any steps in pursuance of that duty which it is not reasonably
practicable for that person to take.
(4)
For the purposes of subsection (3), where obligations have been imposed on a
telecommunications operator (“P”) under section 253 (maintenance of
technical capability), the steps which it is reasonably practicable for P to take
include every step which it would have been reasonably practicable for P to
take if P had complied with all of those obligations.
(5)
The duty imposed by subsection (1) or (2) is enforceable by civil proceedings
by the Secretary of State for an injunction, or for specific performance of a
statutory duty under section 45 of the Court of Session Act 1988, or for any
other appropriate relief.
Filtering arrangements for obtaining data
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Filtering arrangements for obtaining data
(1)
The Secretary of State may establish, maintain and operate arrangements for
the purposes of—
(a) assisting a designated senior officer, who is considering whether to
grant an authorisation, to determine whether the requirements of this
Part in relation to granting the authorisation are satisfied, or
(b) facilitating the lawful, efficient and effective obtaining of
communications data from any person by relevant public authorities in
pursuance of an authorisation.