Data Retention and Investigatory Powers Bill : explanatory notes

There is a need to legislate in order to clarify the legislative framework for certain important investigatory powers.

Firstly, this Bill 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 & C-594/12 Seitlinger which declared the Data Retention Directive (2006/24/EC) invalid.

The 2009 Regulations implemented the Directive in domestic law.

Secondly, legislation is required to clarify 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 Bill 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 components of the Bill are designed to strengthen and clarify, rather than extend, the current legislative framework.

Neither component will provide for additional investigatory powers.