OpenLegislation

Section 180 Lawful interception of communicationsI1

United Kingdom Not yet in force

(1)

The Investigatory Powers Act 2016 is amended as follows.

(2)

After section 48 insert—

“Interception for accessing online accounts

48A
(1)

The interception of a relevant communication transmitted by means of a telecommunications system is authorised by this subsection if—

(a)

the interception is carried out by or on behalf of a person who—

(i)

has been authorised under a relevant power to access one or more online accounts, or

(ii)

is entitled by virtue of a relevant requirement to access one or more online accounts, and

(b)

the interception is carried out for the purpose of enabling the person to access those online accounts.

(2)

A “relevant communication” means a communication transmitted as part of a process used to—

(a)

establish or verify the identity of a person, or

(b)

establish or verify that a person is a natural person.

(3)

A “relevant power” means a power conferred by—

(a)

paragraph 11B of Schedule 7 to the Terrorism Act 2000;

(b)

paragraph 22A of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;

(c)

section 37(1A) of the Police, Crime, Sentencing and Courts Act 2022 by virtue of section 40 of that Act;

(d)

section 41(1A) of that Act;

(e)

section 173 of the Crime and Policing Act 2026.

(4)

A “relevant requirement” means a requirement imposed under—

(a)

paragraph 7(1) of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011;

(b)

paragraph 8(1) of Schedule 7 to the National Security Act 2023;

(c)

section 217(2)(c) of the Crime and Policing Act 2026.

(5)

The interception of a communication transmitted by means of a telecommunications system is authorised by this section if it is incidental to, or is reasonably carried out in connection with, conduct that is authorised by virtue of subsection (1).

(6)

In this section “online account” means an account by means of which information held on a service provided by means of the internet is made accessible.”

(3)

In section 229 (main oversight functions), in subsection (4)(e)(i), after “47” insert “, 48A”.

Annotations

Commencement

I1

S. 180 not in force at Royal Assent, see s. 255(1)