76

Investigatory Powers Act 2016 (c. 25)
Part 4 — Retention of communications data

(b)
(16)

(if later) at the time or times specified in the notice of revocation.

The fact that a retention notice has been revoked in relation to a particular
description of communications data and a particular operator (or description
of operators) does not prevent the giving of another retention notice in relation
to the same description of data and the same operator (or description of
operators).
Enforcement

95

Enforcement of notices and certain other requirements and restrictions
(1)

It is the duty of a telecommunications operator on whom a requirement or
restriction is imposed by—
(a) a retention notice, or
(b) section 92 or 93,
to comply with the requirement or restriction.

(2)

A telecommunications operator, or any person employed or engaged for the
purposes of the business of a telecommunications operator, must not disclose
the existence or contents of a retention notice to any other person.

(3)

The Information Commissioner, or any member of staff of the Information
Commissioner, must not disclose the existence or contents of a retention notice
to any other person.

(4)

Subsections (2) and (3) do not apply to a disclosure made with the permission
of the Secretary of State.

(5)

The duty under 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.
Further and supplementary provision

96

Application of Part 4 to postal operators and postal services
(1)

This Part applies to postal operators and postal services as it applies to
telecommunications operators and telecommunications services.

(2)

In its application by virtue of subsection (1), this Part has effect as if—
(a) any reference to a telecommunications operator were a reference to a
postal operator,
(b) any reference to a telecommunications service were a reference to a
postal service,
(c) any reference to a telecommunication system were a reference to a
postal service,
(d) in section 87(3), for paragraph (b) there were substituted—
“(b) in the case of communications data which does not fall
within paragraph (a) above but does fall within
paragraph (c) of the definition of “communications
data” in section 262(3), the day on which the person

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