at end insert— This Act provides certain new powers and applies certain safeguards in relation to the use of all powers relating to the interception of communications, equipment interference and the acquisition and retention of data.”
Bill texts 9
- Bill 143 2015-2016, as introduceddownload soon
- Bill 002 2016-17, as introduceddownload soon
- HL Bill 40 (as introduced)download soon
- HL Bill 62 (as amended in Committee)download soon
- HL Bill 66 (as amended on Report)download soon
- Bill 86 2016-17, Lords Amendments to the Billdownload soon
- HL Bill 68 Commons reasonsdownload soon
- Bill 89 2016-17, Lords Non-Insistence and Amendments in Lieudownload soon
- HL Bill 70 Commons disagreement and reasonsdownload soon
Amendments 60
Committee stage — Lords 20
Insert the following new Clause— “Tests for the intrusion of privacy
leave out from “authority” to end of line 46 and insert “takes any decision or undertakes any action under this Act.”
after “have” insert “particular”
leave out from “context” to end of line 9 and insert— The public authority must have regard to other considerations that are also relevant in the context.”
leave out “may, in particular, include” and insert “are”
at end insert “so far as the interests of economic well-being are relevant to the interests of national security,”
Insert the following new Clause— “Privacy and Civil Liberties Board
at end insert “subject to any future Act of Parliament providing otherwise.”
leave out “misfeasance” and insert “misconduct”
at end insert— the requirements of the Human Rights Act 1998.”
leave out paragraph (d)
leave out “, at a relevant time,”
Insert the following new Clause— “Interception without lawful authority to be actionable
at end insert— a private postal service,”
at end insert— The public authority must not use any of the powers listed in subsection (1) if what is sought to be achieved by the warrant, authorisation or notice could reasonably be achieved by other less intrusive means.”
leave out paragraph (a)
at end insert— This Act sets out the extent to which certain investigatory powers may be used to interfere with an individual’s privacy.”
Insert the following new Clause— “Offence of unlawful use of investigatory powers
at end insert— Subsection (1) does not apply to the action of a person who shows—
Report stage — Lords 20
at end insert— The public authority must not use any of the powers listed in subsection (1) if what is sought to be achieved by the warrant, authorisation or notice could reasonably be achieved by other less intrusive means.”
at end insert— “and section 23(5) does not apply in relation to the refusal to approve the decision.”
after “give” insert “or vary”
after “under” insert “Part 4 or”
leave out “or 229” and insert “, 229 or 233”
at end insert— to approve the use of criteria under section 144, 180 or (Additional safeguards for items subject to legal privilege: examination),”
at end insert— to give an authorisation under section 200(3)(b),
leave out “or (f)” and insert “, (f) or (gb)”
at end insert— whether the level of protection to be applied in relation to any obtaining of information by virtue of the warrant, authorisation or notice is higher because of the particular sensitivity of that information,”
at end insert— For the purposes of subsection (2)(aa), examples of sensitive information include—
leave out paragraph (a)
at beginning insert— This Act sets out the extent to which certain investigatory powers may be used to interfere with privacy.”
Leave out “sensitive information” and insert “information of particular sensitivity”
Insert the following new Clause— “Investigatory powers: civil liberties board
Insert the following new Clause— “General public reporting
Insert the following new Clause— “Interception without lawful authority: award of costs
leave out “D” and insert “C”
leave out subsection (4)
leave out “D” and insert “C”
at end insert— A warrant may be considered necessary on the grounds falling within subsection (2)(b) only where there is a reasonable suspicion that a serious criminal offence has been or is likely to be committed and it is reasonably believed that the communications sought for interception will contain information relevant to the criminal investigation.”
3rd reading — Lords 20
leave out “to which the warrant relates” and insert “authorised or required by the warrant”
leave out “to which the warrant relates” and insert “authorised or required by the warrant”
leave out “to which the warrant relates” and insert “authorised or required by the warrant”
after “communication” insert “(whether or not a person)”
leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”
after “impose” insert “one or more”
leave out “disclosure or otherwise making available” and insert “use or retention”
at end insert— If the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (3)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
after “the” insert “renewed”
leave out from “privilege” to end of line 21 and insert “which has been obtained under a targeted equipment interference warrant is retained, following its examination, for purposes other than the destruction of the item.”
leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner must”
after “impose” insert “one or more”
leave out “disclosure or otherwise making available” and insert “use or retention”
at end insert— If the Investigatory Powers Commissioner considers that subsection (3B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (3)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
after “privilege” insert “which has been”
leave out “The Investigatory Powers Commissioner may” and insert “Unless the Investigatory Powers Commissioner considers that subsection (10B) applies to the item, the Commissioner must”
after “impose” insert “one or more”
leave out “disclosure or otherwise making available” and insert “use or retention”
at end insert— If the Investigatory Powers Commissioner considers that subsection (10B) applies to the item, the Commissioner may nevertheless impose such conditions under subsection (10)(b) as the Commissioner considers necessary for the purpose of protecting the public interest in the confidentiality of items subject to legal privilege.
at end insert “, or in the course of its transmission by means of a public telecommunication system.”