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Data Retention and Investigatory Powers Act 2014

The Data Retention and Investigatory Powers Act ensures that critical capabilities to fight crime and protect the public are maintained. It clarifies existing law without extending current powers.

• From: Home Office
• Published: 25 July 2014
• Last updated: 19 September 2014 — See all updates

The Data Retention and Investigatory Powers Act 2014 received Royal Assent on 17 July. The Act, explanatory notes and impact assessments are available on the Parliament.uk website.

About the Act

• the Act ensures that critical capabilities to fight crime and protect the public are maintained. It clarifies existing law without extending current powers
• interception and access to communications data are critical to the ability of our law enforcement and intelligence agencies to fight crime and protect the public
• the Act makes clear that anyone providing a communications service to customers in the UK – regardless of where that service is provided from – should comply with lawful requests made under the Regulation of Investigatory Powers Act 2000
• it also replaces the current regulations under which domestic companies can be required to retain certain types of communications data for up to 12 months, so this may later be acquired by law enforcement and used in evidence
• the Act also introduces additional safeguards for the use of investigatory powers, building on our already stringent regime, to respond to criticisms raised by the European Court of Justice
• alongside the Act, the government is introducing a package of measures to provide reassurance that the rights of members of the public to security and privacy are equally protected
• had we failed to act immediately, there would have been a critical gap in our investigative capabilities. Put simply, lives would have been put at risk.

As part of the provisions we are bringing forward, and to ensure that access to communications data is limited to what is strictly necessary, the following public bodies will lose the right to acquire communications data under the Regulation of Investigatory Powers Act 2000:

• Charity Commission
• Civil Nuclear Constabulary
• Department of Agriculture and Rural Development (Northern Ireland)
• Department of Business Innovation and Skills
• Department for the Environment Food and Rural Affairs
• Department of Environment (Northern Ireland)
• Environment Agency
• Food Standards Agency
• Pensions Regulator
• Port of Dover Police
• Port of Liverpool Police
• Royal Mail
• Scottish Environment Protection Agency

On 10 July 2014, the Home Secreatary provided an oral statement to Parliament on communications data and interception.

Further information

• Provisional draft regulations
• Factsheet (communications data)
• Factsheet (investigatory powers)
• Terms of Reference – Independent Privacy and Civil Liberties Oversight Board
• Terms of Reference – Review of communications data and interception powers
• Terms of Reference – Special envoy on intelligence and data sharing
• Government note on the European Court of Justice Judgment

Bill documents

• Data Retention and Investigatory Powers Act: Delegated powers memorandum
  • 25 July 2014
  • Policy paper
• Data Retention and Investigatory Powers Act: Human rights memorandum
  • 25 July 2014
  • Policy paper
• Data Retention and Investigatory Powers Act: Data retention privacy impact assessment
  • 8 August 2014
  • Policy paper
• Data Retention and Investigatory Powers Act: Interception provisions privacy impact assessment
  • 8 August 2014
  • Policy paper

Published 25 July 2014
Last updated 19 September 2014 + show all updates

1. 19 September 2014

   Terms of reference for the special envoy on intelligence and data sharing published.

2. 25 July 2014

   First published.