UK Act of Parliament 2016 United Kingdom

Investigatory Powers Act 2016

An Act to make provision about the interception of communications, equipment interference and the acquisition and retention of communications data, bulk personal datasets and other information; to make provision about the treatment of material held as a result of such interception, equipment interference or acquisition or retention; to establish the …

Enforced by
Home Office
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General privacy protections

0 of 14 sections shown
Part 2

Lawful interception of communications

0 of 46 sections shown
46 other sections in this Part — procedural and definitional
Part 3

Authorisations for obtaining communications data

0 of 28 sections shown
28 other sections in this Part — procedural and definitional
s.060 Power of Investigatory Powers Commissioner to grant authorisations
s.061 Power of designated senior officers to grant authorisations: urgent cases
Part 4

Retention of communications data

0 of 13 sections shown
Part 5

Equipment interference

36 of 37 sections shown
1 other section in this Part — procedural and definitional
Part 6

Bulk warrants

65 of 65 sections shown
s.153 Additional safeguards for items subject to legal privilege (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Get senior official approval before searching for legally privileged itemsCrown / Minister / Government department

amended 1 time (opens in a new tab)

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

Part 7

Bulk personal dataset warrants

29 of 29 sections shown
s.202 Further provision about sensitive processing

amended 9 times

s.222 Additional safeguards for items subject to legal privilege: examination (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State or senior official must approve criteria that may identify legally privileged itemsCrown / Minister / Government department

amended 1 time (opens in a new tab)

Part 7

Bulk personal dataset authorisations

14 of 14 sections shown
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

Part 7

Third party bulk personal datasets

18 of 18 sections shown
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

Part 8

Oversight arrangements

23 of 23 sections shown
s.228 Temporary Judicial Commissioners

amended 3 times

s.235 Personal data breaches

amended 3 times

Part 9

Miscellaneous and general provisions

22 of 28 sections shown
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

6 other sections in this Part — procedural and definitional
Schedules

Schedules

0 of 222 shown
222 other schedules
s.sch001 (1) A monetary penalty imposed by a monetary penalty notice...
s.sch001 (1) A person on whom a monetary penalty notice containing...
s.sch001 (1) The Commissioner must prepare and issue guidance on how...
s.sch001 In this Part of this Schedule— “address” means— in the...
s.sch001 (1) The Commissioner may by notice (an “information notice”) request...
s.sch001 (1) The Commissioner may not vary an information notice except...
s.sch001 (1) A person on whom an information notice is served...
s.sch001 (1) The Commissioner may serve a Part 2 monetary penalty...
s.sch001 (1) Part 1 of this Schedule applies in relation to...
s.sch001 (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...
s.sch001 (1) The Commissioner must proceed in accordance with sub-paragraphs (2)...
s.sch001 (1) The Commissioner may not vary a notice of intent...
s.sch001 (1) The Commissioner must not serve a monetary penalty notice...
s.sch001 (1) The Commissioner may vary or cancel a monetary penalty...
s.sch001 (1) A person on whom a monetary penalty notice is...
s.sch001 (1) This paragraph applies in relation to any penalty payable...
s.sch002 In section 20 of the Health and Safety at Work...
s.sch002 . . . . . . . . . ....
s.sch002 In regulation 4 of the Prevention of Social Housing Fraud...
s.sch002 Schedule 2 para.2
s.sch002 Schedule 2 para.3
s.sch002 In section 71 of the Environmental Protection Act 1990 (obtaining...
s.sch002 In section 109B of the Social Security Administration Act 1992...
s.sch002 In section 109C of the Social Security Administration Act 1992...
s.sch002 In section 103B of the Social Security Administration (Northern Ireland)...
s.sch002 In section 103C of the Social Security Administration (Northern Ireland)...
s.sch002 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—
s.sch003 Section 56(1) does not apply in relation to any proceedings—...
s.sch003 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...
s.sch003 Section 56(1) does not prohibit anything done in, for the...
s.sch003 (1) Section 56(1) does not apply in relation to any...
s.sch003 But paragraph 17 does not permit the disclosure of anything...
s.sch003 Section 56(1) does not apply in relation to any civil...
s.sch003 (1) Section 56(1)(a) does not prohibit the disclosure of any...
s.sch003 (1) Section 56(1) does not apply in relation to any...
s.sch003 (1) Nothing in section 56(1) prohibits— (a) a disclosure to...
s.sch003 (1) Nothing in section 56(1) prohibits— (a) a disclosure to...
s.sch003 (1) Section 56(1) does not apply in relation to any...
s.sch003 (1) Nothing in section 56(1) prohibits— (a) a disclosure to...
s.sch003 (1) Nothing in section 56(1) prohibits— (a) a disclosure to...
s.sch003 (1) Nothing in section 56(1) prohibits— (a) a disclosure to...
s.sch003 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—
s.sch003 (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...
s.sch005 (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...
s.sch006 (1) This paragraph applies for the purposes of the first...
s.sch006 (1) This paragraph applies for the purposes of the sixth...
s.sch006 For the purpose of the sixth entry in Part 2...
s.sch006 In this Schedule, “police force” means— (a) any police force...
s.sch007 (1) The Secretary of State must issue one or more...
s.sch007 (1) Each code must include— (a) provision designed to protect...
s.sch007 (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...
s.sch008 The Scottish Ministers may, on an application made by or...
s.sch008 (1) A law enforcement chief may, on an application made...
s.sch008 (1) A law enforcement chief within sub-paragraph (2) may, on...
s.sch008 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...
s.sch008 A combined warrant must contain a provision stating which warrants...
s.sch008 Any reference in any enactment to a warrant or other...
s.sch008 The Secretary of State may, on an application made by...
s.sch008 (1) The law about the following matters, so far as...
s.sch008 (1) A combined warrant under Part 1 of this Schedule...
s.sch008 (1) A combined warrant under Part 2 of this Schedule...
s.sch008 (1) A combined warrant under Part 3 of this Schedule...
s.sch008 (1) In consequence of paragraphs 21 and 22, the following...
s.sch008 In consequence of paragraphs 21 and 22, the following provisions...
s.sch008 In consequence of paragraphs 21 and 22, the following provisions...
s.sch008 (1) Where a combined warrant includes warrants or authorisations which...
s.sch008 (1) This paragraph applies where under section 24(3) a Judicial...
s.sch008 Where under section 109(3) a Judicial Commissioner refuses to approve...
s.sch008 (1) The Secretary of State may, on an application made...
s.sch008 (1) This paragraph applies to any provision in Part 2...
s.sch008 Any reference in section 56 (exclusion of matters from legal...
s.sch008 (1) The reference in section 58(7) to the provisions of...
s.sch008 (1) The Secretary of State may by regulations make such...
s.sch008 The Scottish Ministers may, on an application made by or...
s.sch008 The Scottish Ministers may, on an application made by or...
s.sch008 The Scottish Ministers may, on an application made by or...
s.sch008 (1) The Scottish Ministers may, on an application made by...
s.sch008 The Secretary of State may, on an application made by...
s.sch008 The Secretary of State may, on an application made by...
s.sch009 Any agreement which, immediately before the day on which section...
s.sch009 Nothing in any of the provisions of this Act by...
s.sch009 The reference to the Gangmasters and Labour Abuse Authority in...
s.sch009 (1) A retention notice under section 1 of the Data...
s.sch009 (1) Sub-paragraph (2) applies if any power to give, vary...
s.sch009 (1) The repeal of section 1(7) of the Data Retention...
s.sch009 (1) The definitions of— (a) “serious crime” in section 86(2A),...
s.sch009 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...
s.sch010 (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)...
s.sch010 In section 64C(3)(b) of the Public Audit (Wales) Act 2004...
s.sch010 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...
s.sch010 (1) The Serious Crime Act 2007 is amended as follows....
s.sch010 In paragraph 9(1) of Schedule 3 to the Northern Ireland...
s.sch010 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...
s.sch010 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 . . . . . . . . . ....
s.sch010 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)...
s.sch010 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)...
s.sch010 In section 39(3) (appeals: reports of Chief Surveillance Commissioner)—
s.sch010 Omit section 40 (information to be provided to Surveillance Commissioners)....
s.sch010 In section 51(7)(b) (notification to Intelligence Services Commissioner or Chief...
s.sch010 (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.
s.sch010 The Regulation of Investigatory Powers (Scotland) Act 2000 is amended...
s.sch010 In the cross-heading before section 2 (Surveillance Commissioners) for “Surveillance”...
s.sch010 In section 2(10) (restrictions on appeals against Commissioners)—
s.sch010 In the heading of section 16 for “Surveillance Commissioners” substitute...
s.sch010 Omit section 18 (information to be provided to Surveillance Commissioners)....
s.sch010 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...
s.sch010 Omit section 21 (functions of Chief Surveillance Commissioner).
s.sch010 (1) Section 22 (co-operation with, and reports by, Chief Surveillance...
s.sch010 In section 24(2) (issue and revision of codes of practice)...
s.sch010 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...

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