Communications data retention
Produced in partnership with Carolina Bracken of 5 Paper Buildings

The following Corporate Crime practice note produced in partnership with Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:

  • Communications data retention
  • Response to the invalidity of the Data Retention Directive
  • Incompatibility of DRIPA 2014
  • Powers to require retention of certain types of data
  • Review by the Secretary of State
  • Variation or revocation of a retention notice
  • Extra-territorial application of IPA 2016, Pt 4
  • Definition of 'telecommunications service'

Communications data retention

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

The Investigatory Powers Act 2016 (IPA 2016) provides the existing legal framework governing the use of covert surveillance by public bodies. This framework previously had been largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Data Retention and Investigatory Powers Act 2014 (DRIPA 2014).

The provisions that govern the retention of communications data are contained within IPA 2016, Pt 4.

IPA 2016, Pt 4 provides for the retention of communications data by telecommunications and postal operators so it is available for subsequent access by public authorities when authorised under IPA 2016.

The provisions in the IPA 2016 which replaced DRIPA 2014, ss 1 and 2 came into force on 30 December 2016. All remaining provisions in Part 4 took effect from 1 November 2018. Retention notices given under DRIPA 2014

Popular documents