Consultation outcome

Investigatory Powers Act 2016

This consultation has concluded

Download the full outcome

Government response to consultation on response to ECJ judgment

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Draft Communications Data code of practice (accessible)

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Draft Communications Data code of practice (print)

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Correction slip: Communications Data - draft code of practice

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Schedule showing changes to the RIPA and IPA - regulations as laid

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Detail of outcome

We have published our response to the consultation, along with the revised draft codes of practice above. The draft regulations which will amend the Investigatory Powers Act have been laid before Parliament and are available at http://www.legislation.gov.uk.

An explanatory memorandum and impact assessment relating to the regulations are also available at this site. The version of the draft Communications Data code of practice laid before Parliament contained 2 printing errors. A correction slip has been issued to accompany the hard copies available to Parliamentarians.

The versions of the code available from this website contain the corrected text. A copy of the correction slip is also available.

Original consultation

Summary

We are seeking views from the public on the amendments proposed to the communications data regime, and the draft communications data code of practice.

This consultation ran from
to

Consultation description

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.

Documents

Consultation document

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Draft communications data code of practice

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Draft regulations amending the Investigatory Powers Act

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Schedule showing changes to the Investigatory Powers Act

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Draft impact assessment

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Case studies: the vital importance of communications data

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Communications data: factsheet

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Published 30 November 2017
Last updated 11 July 2018 + show all updates
  1. Updated the consultation with a response document.
  2. First published.