Section 64 Procedure for authorisations and authorised noticesI1

United Kingdom

(1)

An authorisation must specify—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(aa)

whether the authorisation has been granted by the Investigatory Powers Commissioner under section 60A or by a designated senior officer under section 61 or 61A;

(b)

the matters falling within F3section 60A(7), 61(7) or 61A(7) (as applicable) by reference to which it is granted,

(c)

the conduct that is authorised,

(d)

the data or description of data to be obtained, and

(e)

the persons or descriptions of persons to whom the data is to be, or may be, disclosed or how to identify such persons.

F4(1A)

An authorisation granted by a designated senior officer under section 61 or 61A must also specify the office, rank or position held by the officer.

(2)

An authorisation which authorises a person to impose requirements by notice on a telecommunications operator must also specify—

(a)

the operator concerned, and

(b)

the nature of the requirements that are to be imposed,

but need not specify the other contents of the notice.

(3)

The notice itself—

(a)

must specify—

(i)

the office, rank or position held by the person giving it,

(ii)

the requirements that are being imposed, and

(iii)

the telecommunications operator on whom the requirements are being imposed, and

(b)

must be given in writing or (if not in writing) in a manner that produces a record of its having been given.

(4)

An authorisation must be applied for, and granted, in writing or (if not in writing) in a manner that produces a record of its having been applied for or granted.

Annotations

Textual amendments

F1: S. 64(1)(a) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(2)(a) (see S.I. 2019/174, reg. 2(c))
F2: S. 64(1)(aa) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(2)(b) (see S.I. 2019/174, reg. 2(c))
F3: Words in s. 64(1)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(2)(c) (see S.I. 2019/174, reg. 2(c))
F4: S. 64(1A) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(3) (see S.I. 2019/174, reg. 2(c))

Commencement

I1: S. 64 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)

Notes on Further provision about authorisations

Textual amendments

F1: S. 62 cross-heading inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 2 (see S.I. 2019/174, reg. 2(c))