Judgment Approved by the court for handing down.
Davis & Ors v SSHD
public authority with the requisite powers under RIPA. Section 22, headed “Obtaining
and disclosing communications data”, provided:“(1) This section applies where a person designated for the
purposes of this Chapter believes that it is necessary on grounds
falling within subsection (2) to obtain any communications
data.
(2) It is necessary on grounds falling within this subsection to
obtain communications data if it is necessary—
(a) in the interests of national security;
(b) the purpose of preventing or detecting crime or of
preventing disorder;
(c) in the interests of the economic well-being of the
United Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health;
(f) for the purpose of assessing or collecting any tax, duty,
levy or other imposition, contribution or charge payable
to a government department;
(g) for the purpose, in an emergency, of preventing death
or injury or any damage to a person’s physical or mental
health, or of mitigating any injury or damage to a person’s
physical or mental health; or
(h) for any purpose (not falling within paragraphs (a) to
(g)) which is specified for the purposes of this subsection
by an order made by the Secretary of State.”
DRIPA amended s.22(2)(c) of RIPA by adding the proviso “so far as those interests
are also relevant to the interests of national security”. Some limited additional
purposes were specified by paragraph 2 of the Regulation of Investigatory Powers
(Communications Data) Order 2010, which was itself amended in 2015.
Anti-terrorism, Crime and Security Act 2001
40.
Following the terrorist attacks in the United States on 11 September 2001, the Antiterrorism, Crime and Security Act 2001 put in place arrangements for the retention of
communications data by communications providers pursuant to a voluntary code of
practice so that they could be accessed by the security, intelligence and law
enforcement agencies.
Privacy and Electronic Communications (EC Directive) Regulations 2003