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The CJEU handed down its judgment on 21 December 2016 (Joined Cases C-203/15 and C-698/15), specifying a number of requirements that need to be in place for a data retention regime to be compliant with EU law.
The government proposes amending the Investigatory Powers Act by regulations made under section 2(2) of the European Communities Act 1972. Although the government does not normally consult on such regulations, given the ongoing public interest in investigatory powers we consider it important to consult on potential changes to the legislative regime in order to inform the legislative response and subsequent Parliamentary debate.
We are also consulting on the draft communications data code of practice, which provides more detail on how the new regime will work in practice.
Representations are welcomed from telecommunications operators and postal operators, public authorities that have powers under the Investigatory Powers Act 2016, as well as professional bodies, interest groups and the wider public.