70
Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
section 262 (postal definitions),
section 263 (general definitions),
section 265 (index of defined expressions).
PART 4
RETENTION OF COMMUNICATIONS DATA
General
87
Powers to require retention of certain data
(1)
The Secretary of State may, by notice (a “retention notice”) and subject as
follows, require a telecommunications operator to retain relevant
communications data if—
(a) the Secretary of State considers that the requirement is necessary and
proportionate for one or more of the purposes falling within
paragraphs (a) to (j) of section 61(7) (purposes for which
communications data may be obtained), and
(b) the decision to give the notice has been approved by a Judicial
Commissioner.
(2)
A retention notice may—
(a) relate to a particular operator or any description of operators,
(b) require the retention of all data or any description of data,
(c) identify the period or periods for which data is to be retained,
(d) contain other requirements, or restrictions, in relation to the retention
of data,
(e) make different provision for different purposes,
(f) relate to data whether or not in existence at the time of the giving, or
coming into force, of the notice.
(3)
A retention notice must not require any data to be retained for more than 12
months beginning with—
(a) in the case of communications data relating to a specific
communication, the day of the communication concerned,
(b) in the case of entity data which does not fall within paragraph (a) above
but does fall within paragraph (a)(i) of the definition of
“communications data” in section 261(5), the day on which the entity
concerned ceases to be associated with the telecommunications service
concerned or (if earlier) the day on which the data is changed, and
(c) in any other case, the day on which the data is first held by the operator
concerned.
(4)
A retention notice must not require an operator who controls or provides a
telecommunication system (“the system operator”) to retain data which—
(a) relates to the use of a telecommunications service provided by another
telecommunications operator in relation to that system,
(b) is (or is capable of being) processed by the system operator as a result
of being comprised in, included as part of, attached to or logically
associated with a communication transmitted by means of the system
as a result of the use mentioned in paragraph (a),