UK Act of Parliament 2016 United Kingdom

Investigatory Powers Act 2016

At a glance

Enforced by

Home Office

What's here

2 practical guides

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Schedules

Browse 222 other Schedules — structural / supplementary
s.sch001

(1) A monetary penalty imposed by a monetary penalty notice...

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(1) A person on whom a monetary penalty notice containing...

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(1) The Commissioner must prepare and issue guidance on how...

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In this Part of this Schedule— “address” means— in the...

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(1) The Commissioner may by notice (an “information notice”) request...

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(1) The Commissioner may not vary an information notice except...

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(1) A person on whom an information notice is served...

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(1) The Commissioner may serve a Part 2 monetary penalty...

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(1) Part 1 of this Schedule applies in relation to...

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(1) OFCOM must comply with any reasonable request made by...

s.sch001

In this Part of this Schedule— “the Commissioner” means the...

s.sch001

A monetary penalty notice must, in particular—

s.sch001

(1) The Commissioner may include an enforcement obligation, or enforcement...

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(1) The Commissioner must proceed in accordance with sub-paragraphs (2)...

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(1) The Commissioner may not vary a notice of intent...

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(1) The Commissioner must not serve a monetary penalty notice...

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(1) The Commissioner may vary or cancel a monetary penalty...

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(1) A person on whom a monetary penalty notice is...

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(1) This paragraph applies in relation to any penalty payable...

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In section 20 of the Health and Safety at Work...

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. . . . . . . . . ....

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In regulation 4 of the Prevention of Social Housing Fraud...

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Schedule 2 para.2

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Schedule 2 para.3

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In section 71 of the Environmental Protection Act 1990 (obtaining...

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In section 109B of the Social Security Administration Act 1992...

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In section 109C of the Social Security Administration Act 1992...

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In section 103B of the Social Security Administration (Northern Ireland)...

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In section 103C of the Social Security Administration (Northern Ireland)...

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In section 175 of the Financial Services and Markets Act...

s.sch002a

The Treasury.

s.sch002a

A local authority. In this Schedule “ local authority ”...

s.sch003

This Schedule contains— (a) exceptions to the exclusion by section...

s.sch003

(1) Section 56(1) does not apply in relation to—

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Section 56(1) does not apply in relation to any proceedings—...

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But paragraph 10 does not permit the disclosure of anything...

s.sch003

(1) Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to any...

s.sch003

But paragraph 14 does not permit the disclosure of anything...

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Section 56(1) does not prohibit anything done in, for the...

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(1) Section 56(1) does not apply in relation to any...

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But paragraph 17 does not permit the disclosure of anything...

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Section 56(1) does not apply in relation to any civil...

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(1) Section 56(1)(a) does not prohibit the disclosure of any...

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(1) Section 56(1) does not apply in relation to any...

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(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

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(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

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(1) Section 56(1) does not apply in relation to any...

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(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

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(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

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(1) Nothing in section 56(1) prohibits— (a) a disclosure to...

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Section 56(1)(b) does not prohibit the doing of anything that...

s.sch003

Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to any...

s.sch003

(1) Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to—

s.sch003

(1) Section 56(1) does not apply in relation to—

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(1) Section 56(1) does not apply in relation to any...

s.sch004

In the table in Part 1 of this Schedule— ......

s.sch005

(1) The following provisions apply where the functions of the...

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(1) A public authority, when exercising functions by virtue of...

s.sch005

(1) The Secretary of State may, in connection with regulations...

s.sch005

(1) The Treasury may by regulations make provision varying the...

s.sch005

The power to make regulations under section 83(1) includes, in...

s.sch005

The power to make regulations under— (a) section 83, or...

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(1) This paragraph applies for the purposes of the first...

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(1) This paragraph applies for the purposes of the sixth...

s.sch006

For the purpose of the sixth entry in Part 2...

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In this Schedule, “police force” means— (a) any police force...

s.sch007

(1) The Secretary of State must issue one or more...

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(1) Each code must include— (a) provision designed to protect...

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(1) A code about the exercise of functions conferred by...

s.sch007

(1) Before issuing a code the Secretary of State must—...

s.sch007

(1) The Secretary of State may from time to time...

s.sch007

(1) A person must have regard to a code when...

s.sch008

The Secretary of State may, on an application made by...

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The Scottish Ministers may, on an application made by or...

s.sch008

(1) A law enforcement chief may, on an application made...

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(1) A law enforcement chief within sub-paragraph (2) may, on...

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The Secretary of State may, on an application made by...

s.sch008

The Scottish Ministers may, on an application made by or...

s.sch008

In this Part of this Schedule “combined warrant” means a...

s.sch008

(1) Where Part 1, 2 or 3 of this Schedule...

s.sch008

(1) A combined warrant must be addressed to the person...

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A combined warrant must contain a provision stating which warrants...

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Any reference in any enactment to a warrant or other...

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The Secretary of State may, on an application made by...

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(1) The law about the following matters, so far as...

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(1) A combined warrant under Part 1 of this Schedule...

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(1) A combined warrant under Part 2 of this Schedule...

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(1) A combined warrant under Part 3 of this Schedule...

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(1) In consequence of paragraphs 21 and 22, the following...

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In consequence of paragraphs 21 and 22, the following provisions...

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In consequence of paragraphs 21 and 22, the following provisions...

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(1) Where a combined warrant includes warrants or authorisations which...

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(1) This paragraph applies where under section 24(3) a Judicial...

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Where under section 109(3) a Judicial Commissioner refuses to approve...

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(1) The Secretary of State may, on an application made...

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(1) This paragraph applies to any provision in Part 2...

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Any reference in section 56 (exclusion of matters from legal...

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(1) The reference in section 58(7) to the provisions of...

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(1) The Secretary of State may by regulations make such...

s.sch008

The Scottish Ministers may, on an application made by or...

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The Scottish Ministers may, on an application made by or...

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The Scottish Ministers may, on an application made by or...

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(1) The Scottish Ministers may, on an application made by...

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The Secretary of State may, on an application made by...

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The Secretary of State may, on an application made by...

s.sch009

Any agreement which, immediately before the day on which section...

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Nothing in any of the provisions of this Act by...

s.sch009

The reference to the Gangmasters and Labour Abuse Authority in...

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(1) A retention notice under section 1 of the Data...

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(1) Sub-paragraph (2) applies if any power to give, vary...

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(1) The repeal of section 1(7) of the Data Retention...

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(1) The definitions of— (a) “serious crime” in section 86(2A),...

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Nothing in this Act affects any power conferred on a...

s.sch009

Nothing in Part 4 of this Act prevents the retention...

s.sch009

The amendments made to the Regulation of Investigatory Powers Act...

s.sch010

In section 93(1A) of the Police Act 1997 (authorisations to...

s.sch010

In section 4(1)(b) of the Social Security Fraud Act (Northern...

s.sch010

In paragraph 17 of Schedule 2 to the Northern Ireland...

s.sch010

(1) The Communications Act 2003 is amended as follows.

s.sch010

In section 5A(3)(b) of the Justice (Northern Ireland) Act 2002...

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(1) The Proceeds of Crime Act 2002 is amended as...

s.sch010

In paragraph 19ZA(2)(c) of Schedule 3 to the Police Reform...

s.sch010

. . . . . . . . . ....

s.sch010

In Article 4C(3)(b) of the Audit and Accountability (Northern Ireland)...

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In section 64C(3)(b) of the Public Audit (Wales) Act 2004...

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In section 107(3)(b) of the Constitutional Reform Act 2005 (disclosure...

s.sch010

In section 22(b) of the Commissioners for Revenue and Customs...

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(1) The Serious Crime Act 2007 is amended as follows....

s.sch010

In paragraph 9(1) of Schedule 3 to the Northern Ireland...

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In section 169(3)(b) of the Legal Services Act 2007 (disclosure...

s.sch010

In section 70(4) of the Regulatory Enforcement and Sanctions Act...

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In section 20(2)(b) of the Counter-Terrorism Act 2008 (disclosure and...

s.sch010

In section 19(1)(b) of the Borders, Citizenship and Immigration Act...

s.sch010

(1) The Marine and Coastal Access Act 2009 is amended...

s.sch010

. . . . . . . . . ....

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In paragraph 12(5) of Schedule 2 to the Marine (Scotland)...

s.sch010

In section 59(1)(b) of the Charities Act 2011 (disclosure: supplementary)...

s.sch010

In section 4(6) of the Prisons (Interference with Wireless Telegraphy)...

s.sch010

In paragraph 1(b) of Schedule 7 to the Crime and...

s.sch010

The Regulation of Investigatory Powers Act 2000 is amended as...

s.sch010

In paragraph 8(5) of Schedule 2 to the Marine Act...

s.sch010

In paragraph 3(3)(b) of Schedule 9 to the Local Audit...

s.sch010

In paragraph 7(4)(b) of Schedule 4 to the Anti-social Behaviour,...

s.sch010

In paragraph 6(b) of Schedule 6 to the Immigration Act...

s.sch010

Omit sections 4(1), 7 and 8 of the Data Retention...

s.sch010

In section 7(2)(b) of the Immigration Act 2016 (information gateways:...

s.sch010

In section 1(5) of the Security Service Act 1989 (meaning...

s.sch010

In section 4(3) of the Official Secrets Act 1989 (crime...

s.sch010

In section 11(1A) of the Intelligence Services Act 1994 (meaning...

s.sch010

(1) The Criminal Procedure and Investigations Act 1996 is amended...

s.sch010

In section 27(4)(a) (lawful surveillance etc: conduct to be dealt...

s.sch010

In section 133A of the Police Act 1997 (meaning of...

s.sch010

In Section B8 of Part 2 of Schedule 5 to...

s.sch010

In paragraph 17 of Schedule 2 to the Northern Ireland...

s.sch010

In section 394(7)(a) of the Financial Services and Markets Act...

s.sch010

The Regulation of Investigatory Powers Act 2000 is amended as...

s.sch010

Omit Chapter 1 of Part 1 (interception of communications).

s.sch010

(1) Section 49 (investigation of electronic data protected by encryption...

s.sch010

In section 71 (issue and revision of codes of practice)...

s.sch010

In section 78(3)(a) (affirmative orders) omit “12(10), 13(3),”.

s.sch010

(1) Section 81 (general interpretation) is amended as follows.

s.sch010

(1) Section 71 (issue and revision of codes of practice)...

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In section 82 (amendments, repeals and savings etc.) omit subsections...

s.sch010

In section 159 of the Criminal Justice and Licensing (Scotland)...

s.sch010

In section 6(4)(b) of the Justice and Security Act 2013...

s.sch010

The Regulation of Investigatory Powers Act 2000 is amended as...

s.sch010

Omit Chapter 2 of Part 1 (acquisition and disclosure of...

s.sch010

In section 49(1)(c) (investigation of electronic data protected by encryption...

s.sch010

In section 71(2) (issue and revision of codes of practice)...

s.sch010

. . . . . . . . . ....

s.sch010

. . . . . . . . . ....

s.sch010

In section 78(3)(a) (affirmative orders) omit “22(9), 23A(6), 25(5),”.

s.sch010

(1) Section 81(1) (general definitions) is amended as follows.

s.sch010

In section 81(9) (general interpretation: certain references relating to Northern...

s.sch010

(1) Paragraph 19ZA of Schedule 3 to the Police Reform...

s.sch010

Omit Part 11 of the Anti-terrorism, Crime and Security Act...

s.sch010

Omit sections 1 and 2 of the Data Retention and...

s.sch010

The Regulation of Investigatory Powers Act 2000 is amended as...

s.sch010

In section 48 (interpretation of Part 2), in subsection (3)(c)—...

s.sch010

(1) Paragraph 2 of Schedule 2 (persons having the appropriate...

s.sch010

The Regulation of Investigatory Powers (Scotland) Act 2000 is amended...

s.sch010

In section 5(3) (lawful surveillance etc.), after paragraph (a) (and...

s.sch010

In section 24(2) (issue and revision of codes of practice),...

s.sch010

In paragraph 28(4) of Schedule 19C to the Political Parties,...

s.sch010

(1) In Schedule 1 to the Crime and Courts Act...

s.sch010

The Police Act 1997 is amended as follows.

s.sch010

In section 103(8) (appeals) for “the period” substitute “ any...

s.sch010

In section 105(1)(b)(iii) (reports of appeals dismissed) omit “under section...

s.sch010

In section 108(1) (interpretation of Part 3) after the definition...

s.sch010

The Regulation of Investigatory Powers Act 2000 is amended as...

s.sch010

In section 37(9)(a) (appeals against decisions of ordinary Surveillance Commissioners)...

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In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—

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Omit section 40 (information to be provided to Surveillance Commissioners)....

s.sch010

In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief...

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(1) The Public Finance and Accountability (Scotland) Act 2000 is...

s.sch010

(1) Section 64 (delegation of Commissioners' functions) is amended as...

s.sch010

In section 71(2) (issue and revision of codes of practice)...

s.sch010

(1) Section 72 (effect of codes of practice) is amended...

s.sch010

(1) Section 81(1) (general definitions) is amended as follows.

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The Regulation of Investigatory Powers (Scotland) Act 2000 is amended...

s.sch010

In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance”...

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In section 2(10) (restrictions on appeals against Commissioners)—

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In the heading of section 16 for “Surveillance Commissioners” substitute...

s.sch010

Omit section 18 (information to be provided to Surveillance Commissioners)....

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In the cross-heading before section 21 (Chief Surveillance Commissioner) for...

s.sch010

In section 4(1)(b) of the Social Security Fraud Act 2001...

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Omit section 21 (functions of Chief Surveillance Commissioner).

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(1) Section 22 (co-operation with, and reports by, Chief Surveillance...

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In section 24(2) (issue and revision of codes of practice)...

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In section 26(4) (effect of codes of practice)—

s.sch010

(1) Section 31(1) (interpretation) is amended as follows.

s.sch010

In section 21(3)(b) of the Terrorism Prevention and Investigation Measures...

s.sch010

The Protection of Freedoms Act 2012 is amended as follows....

s.sch010

(1) Section 29 (code of practice for surveillance camera systems)...

s.sch010

In section 33(8)(d) (duty to consult before making an order...

s.sch010

Omit section 94 of the Telecommunications Act 1984 (directions in...

s.154

Section 154: procedure where use of criteria approved by senior official

Amended 2 times
s.195

Section 195: procedure where use of criteria approved by senior official

Amended 2 times
s.202

Further provision about sensitive processing

Amended 9 times
s.226

Bulk personal datasets: low or no reasonable expectation of privacy

Amended 1 time
s.226

Individual authorisation

Amended 1 time
s.226

Category authorisation

Amended 1 time
s.226

Approval of authorisations by Judicial Commissioners

Amended 1 time
s.226

Approval of individual authorisations granted in urgent cases

Amended 1 time
s.226

Duration of authorisation

Amended 1 time
s.226

Renewal of authorisation

Amended 1 time
s.226

Cancellation of authorisation

Amended 1 time
s.226

Non-renewal or cancellation of individual authorisation

Amended 1 time
s.226

Non-renewal or cancellation of category authorisation

Amended 1 time
s.226

Section 226A ceasing to apply to part of bulk personal dataset

Amended 1 time
s.226

Annual report

Amended 1 time
s.226

Report to Intelligence and Security Committee

Amended 1 time
s.226

Part 7A: interpretation

Amended 1 time
s.226

Third party bulk personal datasets: interpretation

Amended 1 time
s.226

Requirement for authorisation by warrant

Amended 1 time
s.226

Exceptions to section 226F(1)

Amended 1 time
s.226

Application for third party BPD warrant

Amended 1 time
s.226

Approval of warrants by Judicial Commissioners

Amended 1 time
s.226

Approval of third party BPD warrants issued in urgent cases

Amended 1 time
s.226

Decisions to issue warrants to be taken personally by Secretary of State

Amended 1 time
s.226

Requirements that must be met by warrants

Amended 1 time
s.226

Duration of warrants

Amended 1 time
s.226

Renewal of warrants

Amended 1 time
s.226

Cancellation of warrants

Amended 1 time
s.226

Non-renewal or cancellation of third party BPD warrant

Amended 1 time
s.226

Initial inspection

Amended 1 time
s.226

Safeguards relating to examination of third party bulk personal datasets

Amended 1 time
s.226

Additional safeguards for items subject to legal privilege: examination

Amended 1 time
s.226

Additional safeguards for items subject to legal privilege: retention following examination

Amended 1 time
s.226

Offence of breaching safeguards relating to examination of material

Amended 1 time
s.226

Part 7B: interpretation

Amended 1 time
s.228

Temporary Judicial Commissioners

Amended 3 times
s.235

Personal data breaches

Amended 3 times
s.256

Renewal of notices

Amended 1 time
s.258

Notification of proposed changes to telecommunications services etc

Amended 1 time
s.258

Variation and revocation of notices given under section 258A

Amended 1 time
Browse 108 other sections — procedural / definitional / commencement
s.060

Power of Investigatory Powers Commissioner to grant authorisations

s.061

Power of designated senior officers to grant authorisations: urgent cases

s.094

Renewal of notices

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

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