Investigatory Powers Act 2016 (c. 25)
Part 4 — Retention of communications data
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(c)
is not needed by the system operator for the functioning of the system
in relation to that communication, and
(d) is not retained or used by the system operator for any other lawful
purpose,
and which it is reasonably practicable to separate from other data which is
subject to the notice.
(5)
A retention notice which relates to data already in existence when the notice
comes into force imposes a requirement to retain the data for only so much of
a period of retention as occurs on or after the coming into force of the notice.
(6)
A retention notice comes into force—
(a) when the notice is given to the operator (or description of operators)
concerned, or
(b) (if later) at the time or times specified in the notice.
(7)
A retention notice is given to an operator (or description of operators) by
giving, or publishing, it in such manner as the Secretary of State considers
appropriate for bringing it to the attention of the operator (or description of
operators) to whom it relates.
(8)
A retention notice must specify—
(a) the operator (or description of operators) to whom it relates,
(b) the data which is to be retained,
(c) the period or periods for which the data is to be retained,
(d) any other requirements, or any restrictions, in relation to the retention
of the data,
(e) the information required by section 249(7) (the level or levels of
contribution in respect of costs incurred as a result of the notice).
(9)
The requirements or restrictions mentioned in subsection (8)(d) may, in
particular, include—
(a) a requirement to retain the data in such a way that it can be transmitted
efficiently and effectively in response to requests,
(b) requirements or restrictions in relation to the obtaining (whether by
collection, generation or otherwise), generation or processing of—
(i) data for retention, or
(ii) retained data.
(10)
The fact that the data which would be retained under a retention notice relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
to establish that the requirement to retain the data is necessary for one or more
of the purposes falling within paragraphs (a) to (j) of section 61(7).
(11)
In this Part “relevant communications data” means communications data
which may be used to identify, or assist in identifying, any of the following—
(a) the sender or recipient of a communication (whether or not a person),
(b) the time or duration of a communication,
(c) the type, method or pattern, or fact, of communication,
(d) the telecommunication system (or any part of it) from, to or through
which, or by means of which, a communication is or may be
transmitted, or
(e) the location of any such system,