Judgment Approved by the court for handing down.
Davis & Ors v SSHD
(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.”
48.
Section 2 of the Act includes a number of definitions, including “relevant
communications data”, which 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”.
49.
The purposes for which a notice to retain relevant communications data may be given
pursuant to s.1(1) of DRIPA are those enumerated in s.22(2)(a)-(h) of RIPA, as set
out above, with the amendment to s 22(2)(c) which we have noted.
50.
Section 8(3) of DRIPA is a “sunset clause”: it provides that the Act “is repealed” on
31 December 2016, thus putting the onus on Parliament to enact new primary
legislation by that time.
51.
Section 21 of the Counter-Terrorism and Security Act 2015 amended the definition of
‘relevant’ communications data to include data showing which internet protocol