Data Retention and Investigatory Powers Act 2014 (c. 27)
3
applies in relation to telecommunications services and
telecommunication systems;
“functions” includes powers and duties;
“notice” means notice in writing;
“public telecommunications operator” means a person who—
(a) controls or provides a public telecommunication system, or
(b) provides a public telecommunications service;
“public telecommunications service” and “public telecommunication
system” have the meanings given by section 2(1) of the Regulation of
Investigatory Powers Act 2000;
“relevant communications data” means communications data of the kind
mentioned in the Schedule to the 2009 Regulations so far as such data
is generated or processed in the United Kingdom by public
telecommunications operators in the process of supplying the
telecommunications services concerned;
“relevant powers” means any powers conferred by virtue of section 1(1)
to (6);
“relevant requirements or restrictions” means any requirements or
restrictions imposed by virtue of section 1(1) to (6);
“retention notice” has the meaning given by section 1(1);
“specify” means specify or describe (and “specified” is to be read
accordingly);
“telecommunications service” and “telecommunication system” have the
meanings given by section 2(1) of the Regulation of Investigatory
Powers Act 2000;
“telecommunications service provider” means a person who provides a
telecommunications service;
“unsuccessful call attempt” means a communication where a telephone
call has been successfully connected but not answered or there has been
a network management intervention;
“the 2009 Regulations” means the provisions known as the Data Retention
(EC Directive) Regulations 2009 (S.I. 2009/859).
(2)
“Relevant communications data” includes (so far as it otherwise falls within
the definition) communications data relating to unsuccessful call attempts
that—
(a) in the case of telephony data, is stored in the United Kingdom, or
(b) in the case of internet data, is logged in the United Kingdom,
but does not include data relating to unconnected calls or data revealing the
content of a communication.
(3)
Regulations under section 1(3) may specify the communications data that is of
the kind mentioned in the Schedule to the 2009 Regulations and, where they do
so, the reference in the definition of “relevant communications data” to
communications data of that kind is to be read as a reference to
communications data so specified.
(4)
Any power to make regulations under section 1—
(a) is exercisable by statutory instrument,
(b) includes power to—
(i) confer or impose functions (including those involving the
exercise of a discretion) on any person (including the Secretary
of State),