OpenLegislation

Section 105A Duty to take security measuresF1F2

(1)

The provider of a public electronic communications network or a public electronic communications service must take such measures as are appropriate and proportionate for the purposes of—

(a)

identifying the risks of security compromises occurring;

(b)

reducing the risks of security compromises occurring; and

(c)

preparing for the occurrence of security compromises.

(2)

In this Chapter “security compromise”, in relation to a public electronic communications network or a public electronic communications service, means—

(a)

anything that compromises the availability, performance or functionality of the network or service;

(b)

any unauthorised access to, interference with or exploitation of the network or service or anything that enables such access, interference or exploitation;

(c)

anything that compromises the confidentiality of signals conveyed by means of the network or service;

(d)

anything that causes signals conveyed by means of the network or service to be—

(i)

lost;

(ii)

unintentionally altered; or

(iii)

altered otherwise than by or with the permission of the provider of the network or service;

(e)

anything that occurs in connection with the network or service and compromises the confidentiality of any data stored by electronic means;

(f)

anything that occurs in connection with the network or service and causes any data stored by electronic means to be—

(i)

lost;

(ii)

unintentionally altered; or

(iii)

altered otherwise than by or with the permission of the person holding the data; or

(g)

anything that occurs in connection with the network or service and causes a connected security compromise.

(3)

But in this Chapter “security compromise” does not include anything that occurs as a result of conduct that—

(a)

is required or authorised by or under an enactment mentioned in subsection (4);

(b)

is undertaken for the purpose of providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in subsection (4);

(c)

is undertaken for the purpose of providing a person with assistance in exercising any power conferred by or under prison rules; or

(d)

is undertaken for the purpose of providing assistance to a constable or a member of a service police force (acting in either case in that capacity).

(4)

The enactments are—

(a)

the Investigatory Powers Act 2016;

(b)

Part 1 of the Crime and Courts Act 2013;

(c)

the Prisons (Interference with Wireless Telegraphy) Act 2012;

(d)

the Regulation of Investigatory Powers Act 2000;

(e)

the Regulation of Investigatory Powers (Scotland) Act 2000;

(f)

the Intelligence Services Act 1994;

(g)

any other enactment (whenever passed or made) so far as it—

(i)

makes provision which is in the interests of national security;

(ii)

has effect for the purpose of preventing or detecting crime or of preventing disorder; or

(iii)

makes provision which is in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security.

(5)

In this section—

  • “connected security compromise” means—

    1. (a)

      in relation to a public electronic communications network, a security compromise that occurs in relation to another public electronic communications network or a public electronic communications service;

    2. (b)

      in relation to a public electronic communications service, a security compromise that occurs in relation to a public electronic communications network or another public electronic communications service;

  • “crime” and “detecting crime” have the same meanings as in the Investigatory Powers Act 2016;

  • “prison rules” means any rules made under—

    1. (a)

      section 47 of the Prison Act 1952;

    2. (b)

      section 39 of the Prisons (Scotland) Act 1989; or

    3. (c)

      section 13 of the Prison Act (Northern Ireland) 1953;

  • “service police force” means—

    1. (a)

      the Royal Navy Police;

    2. (b)

      the Royal Military Police; or

    3. (c)

      the Royal Air Force Police;

  • “signal” has the same meaning as in section 32.

Annotations

Textual amendments

F1

Ss. 105A-105D and cross-heading inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 65 (with Sch. 3 para. 2)

F2

Ss. 105A, 105B substituted for ss. 105A-105D and ss. 105C, 105D re-inserted (17.11.2021 for specified purposes, 1.10.2022 in so far as not already in force) by Telecommunications (Security) Act 2021 (c. 31), ss. 1(2), 2, 28(1)(a)