Investigatory Powers Act 2016
UK Act of Parliament (2016 c. 25) that sets out the powers of the intelligence services and police to intercept communications, interfere with equipment and acquire and retain communications data and bulk datasets, and created the Investigatory Powers Commissioner
| Investigatory Powers Act 2016
| |
|---|---|
| Type | Act of the Parliament of the United Kingdom (2016 c. 25)[1] |
| Date | 29 November 2016 (Royal Assent)[1] |
| Location | United Kingdom |
| Regulator | Investigatory Powers Commissioner and other Judicial Commissioners (Part 8)[2] |
| Other | Amended by the Investigatory Powers (Amendment) Act 2024 (c. 9; Royal Assent 25 April 2024)[3] |
The Investigatory Powers Act 2016 is an Act of the UK Parliament that makes provision about "the interception of communications, equipment interference and the acquisition and retention of communications data, bulk personal datasets and other information", establishes the Investigatory Powers Commissioner and other Judicial Commissioners, and amends sections 3 and 5 of the Intelligence Services Act 1994.[1] It received Royal Assent on 29 November 2016.[1] Section 1 describes it as setting out "the extent to which certain investigatory powers may be used to interfere with privacy".[4]
Structure
The Act's overview section lists its regimes as follows:[4]
- Part 1 – general privacy duties and protections, including offences of unlawful interception and unlawful obtaining of communications data;
- Part 2 and Chapter 1 of Part 6 – interception of communications (targeted and bulk);
- Part 3 and Chapter 2 of Part 6 – obtaining of communications data;
- Part 4 – retention of certain communications data under a notice;
- Part 5 and Chapter 3 of Part 6 – equipment interference warrants (hacking);
- Part 7 – bulk personal dataset warrants;
- Part 8 – oversight arrangements; and
- Part 9 – miscellaneous provisions, including amendments to the Intelligence Services Act 1994, national security and combined warrants and authorisations.
Key provisions
- Privacy duties (s. 2): a public authority deciding whether to issue or approve a warrant must have regard to whether the aim could reasonably be achieved by other less intrusive means, the sensitivity of the information, the public interest in the integrity and security of telecommunication systems, and other aspects of the public interest in privacy.[5]
- Judicial Commissioner approval (s. 23): for warrants under Chapter 1 of Part 2, a Judicial Commissioner must review the Secretary of State's conclusions on necessity and proportionality, applying "the same principles as would be applied by a court on an application for judicial review"; if approval is refused, written reasons must be given.[6] Bulk interception warrants likewise require that the decision to issue them "has been approved by a Judicial Commissioner" (s. 138(1)(g)).[7]
- Bulk interception (s. 138): the Secretary of State may issue a bulk interception warrant, on an application by the head of an intelligence service, where the main purpose is the interception of overseas-related communications and the warrant is necessary in the interests of national security (or on that ground and for preventing or detecting serious crime, or the economic well-being of the UK so far as relating to national security) and proportionate.[7]
- Data retention (s. 87): the Secretary of State may by notice require a telecommunications operator to retain relevant communications data, if necessary and proportionate and approved by a Judicial Commissioner; a notice must not require data to be retained for more than 12 months.[8]
- Equipment interference (s. 99): Part 5 provides for targeted equipment interference warrants, which authorise interference with equipment to obtain communications, equipment data or other information.[9]
- Oversight (s. 227): the Prime Minister appoints the Investigatory Powers Commissioner and other Judicial Commissioners, who must hold or have held high judicial office; the Commissioner must be recommended jointly by the Lord Chancellor and the heads of the judiciary in England and Wales, Scotland and Northern Ireland. See Investigatory Powers Commissioner's Office.[2]
- Appeals from the Tribunal (s. 242): inserts a right of appeal on a point of law from determinations of the Investigatory Powers Tribunal, with leave, where the appeal would raise an important point of principle or practice or there is another compelling reason.[10]
The 2024 amendments
The Investigatory Powers (Amendment) Act 2024 (c. 9), which received Royal Assent on 25 April 2024, amends the 2016 Act and makes provision about information supplied by or relating to the Judicial Commissioners.[3] Its Part 1 deals with bulk personal datasets: it introduces an authorisation regime for datasets with a "low or no reasonable expectation of privacy" (individual authorisations under a new Part 7A, replacing the need for a warrant in those cases), and provides for third-party bulk personal datasets.[11] The revised Act now includes Parts 7A and 7B.[12]
Equipment interference and judicial approval
Section 108, in Part 5, provides that in deciding whether to approve the issue of a targeted equipment interference warrant a Judicial Commissioner must review the issuing authority's conclusions on necessity and proportionality.[13] For GCHQ's hacking powers and the litigation over them that preceded the Act, see Privacy International, the Investigatory Powers Tribunal and Joint Threat Research Intelligence Group.
See also
- Investigatory Powers Tribunal
- Investigatory Powers Commissioner's Office
- Regulation of Investigatory Powers Act 2000
- GCHQ
- Privacy International
Notes
- ↑ 1.0 1.1 1.2 1.3 Investigatory Powers Act 2016, 2016 c. 25, introductory text, legislation.gov.uk, accessed 13 November 2026.
- ↑ 2.0 2.1 Investigatory Powers Act 2016, 2016 c. 25, s. 227, legislation.gov.uk, accessed 13 November 2026.
- ↑ 3.0 3.1 Investigatory Powers (Amendment) Act 2024, 2024 c. 9, introductory text, legislation.gov.uk, accessed 13 November 2026.
- ↑ 4.0 4.1 Investigatory Powers Act 2016, 2016 c. 25, s. 1, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, s. 2, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, s. 23, legislation.gov.uk, accessed 13 November 2026.
- ↑ 7.0 7.1 Investigatory Powers Act 2016, 2016 c. 25, s. 138, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, s. 87, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, s. 99, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, s. 242, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers (Amendment) Act 2024, 2024 c. 9, s. 1, legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, contents (latest available version), legislation.gov.uk, accessed 13 November 2026.
- ↑ Investigatory Powers Act 2016, 2016 c. 25, s. 108 (as in force), legislation.gov.uk, accessed 13 November 2026.