2
Data Retention and Investigatory Powers Act 2014 (c. 27)
(b)
(c)
(d)
(e)
(f)
require the retention of all data or any description of data,
specify the period or periods for which data is to be retained,
contain other requirements, or restrictions, in relation to the retention
of data,
make different provision for different purposes,
relate to data whether or not in existence at the time of the giving, or
coming into force, of the notice.
(3)
The Secretary of State may by regulations make further provision about the
retention of relevant communications data.
(4)
Such provision may, in particular, include provision about—
(a) requirements before giving a retention notice,
(b) the maximum period for which data is to be retained under a retention
notice,
(c) the content, giving, coming into force, review, variation or revocation
of a retention notice,
(d) the integrity, security or protection of, access to, or the disclosure or
destruction of, data retained by virtue of this section,
(e) the enforcement of, or auditing compliance with, relevant requirements
or restrictions,
(f) a code of practice in relation to relevant requirements or restrictions or
relevant powers,
(g) the reimbursement by the Secretary of State (with or without
conditions) of expenses incurred by public telecommunications
operators in complying with relevant requirements or restrictions,
(h) the 2009 Regulations ceasing to have effect and the transition to the
retention of data by virtue of this section.
(5)
The maximum period provided for by virtue of subsection (4)(b) must not
exceed 12 months beginning with such day as is specified in relation to the data
concerned by regulations under subsection (3).
(6)
A public telecommunications operator who retains relevant communications
data by virtue of this section must not disclose the data except—
(a) in accordance with—
(i) Chapter 2 of Part 1 of the Regulation of Investigatory Powers
Act 2000 (acquisition and disclosure of communications data),
or
(ii) a court order or other judicial authorisation or warrant, or
(b) as provided by regulations under subsection (3).
(7)
The Secretary of State may by regulations make provision, which corresponds
to any provision made (or capable of being made) by virtue of subsection (4)(d)
to (g) or (6), in relation to communications data which is retained by
telecommunications service providers by virtue of a code of practice under
section 102 of the Anti-terrorism, Crime and Security Act 2001.
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Section 1: supplementary
(1)
In this section and section 1—
“communications data” has the meaning given by section 21(4) of the
Regulation of Investigatory Powers Act 2000 so far as that meaning