The Government decided to legislate in order to clarify the legislative framework for certain important investigatory powers. Firstly, this Act provides the powers to introduce secondary legislation to replace the Data Retention (EC Directive) Regulations 2009 (S.I. 2009/859) (the 2009 Regulations), while providing additional safeguards. This is in response to the European Court of Justice (ECJ) judgment of 8 April 2014 in joined cases C-293/12 Digital Rights Ireland a C-594/12 Seitlinger which declared the Data Retention Directive (2006/24/EC) invalid. The 2009 Regulations implemented the Directive in domestic law. Secondly, the legislation clarifies the nature and extent of obligations that can be imposed on telecommunications service providers based outside the United Kingdom under Part 1 of the Regulation of Investigatory Powers Act 2000 (RIPA). This Act ensures that, as the original legislation intended, any company providing communication services to customers in the United Kingdom is obliged to comply with requests for communications data and interception warrants issued by the Secretary of State, irrespective of the location of the company providing the service. Both these components of the Act strengthen and clarify, rather than extend, the current legislative framework. Neither of these components provide for additional investigatory powers. The Act also provides for a review of the operation and regulation of investigatory powers in relation to communications data and interception and increased reporting from the Interception of Communications Commissioner.This is in response to the European Court of Justice (ECJ) judgment of 8 April 2014 in joined cases C-293/12 Digital Rights Ireland aamp; C-594/12 Seitlinger which declared the Data Retention Directive (2006/24/EC) invalid.
|Title||:||Data Retention and Investigatory Powers Act 2014|