Explanatory note

These Regulations make provision about excepted disclosures in relation to statistical information.

Section 57 of the Investigatory Powers Act 2016 (c. 25) provides that postal operators and telecommunications operators must not make a disclosure relating to a warrant under Part 2 of the Act (i.e. a targeted interception warrant, targeted examination warrant or mutual assistance warrant). Section 132 of the Act similarly provides that a telecommunications operator must not make a disclosure in relation to a warrant under Part 5 of the Act (i.e. a targeted equipment interference warrant or a targeted examination warrant). Sections 58 and 133 set out exceptions to the duty not to make a disclosure. Sections 156(2) and 197 provide that the duty not to make a disclosure in relation to a warrant, and the exceptions to that duty, also apply to bulk interception warrants and bulk equipment interference warrants.

One of the exceptions provided for in sections 58 and 133 is a disclosure made in accordance with a requirement imposed by regulations and consisting of statistical information of a description specified in regulations.

Regulation 4, 5 and 6 each specify a description of statistical information that may be disclosed. Regulations 7 to 10 impose requirements regarding the disclosure of such statistical information. Regulation 7 provides that the disclosure must be of the range within which the number of relevant warrants, factors or users falls. The range disclosed must be a range of 500 (i.e. 0-499, 500-999, etc.) or a range of 1000 (i.e. 0-999, 1000-1999, etc.). Regulation 8 provides that the disclosure must relate to a 6-month reporting period. Regulation 9 provides that where a disclosure has been made in relation to a reporting period, the operator cannot make a disclosure of the same type in relation to any part of that six-month period. This means that reporting periods cannot overlap. Finally, regulation 10 provides for the period of time that must pass between the reporting period and the point at which the disclosure can be made. That period is six months, subject to the fact that 18 months must have passed between the disclosure and the first occasion on which the operator first provided assistance in giving effect to a relevant warrant.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.