Investigatory Powers (Amendment) Act 2024

Clause 21, page 41, line 29, leave out “unavailable” and insert “unable”

Clause 21, page 41, line 35, at end insert “for the Home Department, Foreign, Commonwealth and Development Affairs, Defence, or Northern Ireland”

Clause 21, page 42, line 1, after “of” insert “the relevant”

Clause 29, page 45, line 14, at end insert— “(3) The power under section 272(6) of the Investigatory Powers Act 2016 may be exercised so as to extend to the Isle of Man or any of the British overseas territories any amendment or repeal made by or under this Act of any part of that Act (with or without modifications).”

Clause 29, page 45, line 12, leave out “to subsection (2)” and insert “as follows”

Clause 21, page 41, leave out lines 34 and 35 and insert— “(2C) The Prime Minister may designate up to two individuals under this section.

Clause 22, page 42, line 29, at end insert— “(7CA) The Prime Minister must review the individual’s conclusions, as soon as they are able to do so.”

Clause 22, page 42, line 23, leave out from “Minister” to end of line 24 and insert “is unable to decide whether to give approval under subsection (3) or (as the case may be) (6), due to incapacity or inability to access secure communications”

Clause 21, page 41, line 35, at end insert— “(2CA) The Prime Minister must review the individual’s conclusions, as soon as they are able to do so.”

Clause 21, page 41, line 29, leave out “is unavailable to decide whether to give approval under subsection (2)” and insert with “is unable to decide whether to give approval under subsection (2), due to incapacity or inability to access secure communications”

Clause 22, page 42, leave out lines 28 and 29 and insert— “(7C) The Prime Minister may designate up to two individuals under this section.

Clause 21, page 41, line 31, after “senior official” insert “serving in the Department of that Secretary of State”

After Clause 21, insert the following new Clause— “Interception notification for Members of Parliament etc.

After Clause 27, insert the following new Clause— “Review: transparency and public understanding of investigatory powers and national security

After Clause 27, insert the following New Clause— “Report on further investigatory powers

After Clause 22, insert the following new Clause— “Annual reporting on surveillance of Members of Parliament etc.

After Clause 22, insert the following new Clause— “Targeted equipment interference notification for Members of Parliament etc.

After Clause 22, insert the following new Clause— “Reporting requirement: investigatory powers and Members of Parliament

Clause 22, page 42, line 23, leave out “unavailable” and insert “unable”

Clause 26, page 44, line 22, at end insert— “(3) After paragraph 24 insert—

Clause 5, page 16, line 34, after “must” insert “, as soon as possible and in any event within 24 hours,”

Clause 2, page 6, line 7, after “must” insert “, as soon as possible and in any event within 24 hours,”

Clause 2, page 11, line 16, at end insert— “226DAA Report to Intelligence and Security Committee

Clause 6, page 25, line 30, at end insert— “(3A) In section 229 (main oversight functions), in subsection (9), in the definition of “bulk personal dataset”, after “199” insert “(and includes a third party bulk personal dataset (see section 226E))”.”

Clause 6, page 25, line 15, leave out “and (3)” and insert “to (3A)”

Clause 9, page 29, line 5, at end insert— “(ba) the Scottish Ministers;”

Clause 11, page 30, line 19, leave out “a public authority” and insert “wholly or mainly funded out of public funds”

After Clause 10, insert the following new Clause— “Personal data breaches

Clause 12, page 31, line 20, leave out from “to” to end of line 25 and insert “relevant subscriber data. (5B) In subsection (5A) “relevant subscriber data” means entity data, other than data comprised in a recording of speech, which—

Clause 8, page 27, line 14, at end insert— “(aa) deciding under section 90(11) or 257(10) whether to approve a decision of the Secretary of State,”

Clause 2, page 11, line 5, after “Secretary of State” insert “, the Intelligence and Security Committee of Parliament, and the Investigatory Powers Commissioner,”

Clause 14, page 33, leave out lines 17 to 38

Leave out the Schedule

Leave out Clause 13

Clause 2, page 11, line 16, at end insert— “226DAA Notification of bulk personal datasets added to category authorisations

Clause 2, page 11, line 14, after “the Secretary of State” insert “, the Intelligence and Security Committee of Parliament, and the Investigatory Powers Commissioner”

Clause 2, page 11, line 16, at end insert— “226DAA Report: Prime Minister’s engagement with the Intelligence and Security Committee

Clause 14, page 32, line 35, leave out paragraph (b)

Clause 14, page 33, line 10, leave out “or (c)”

Clause 14, page 33, line 39, leave out “subsections (5A)(b) and (5B)(b)” and insert “subsection (5A)(b)”

Clause 2, page 5, line 14, at end insert— “(4) The head of an intelligence service, or a person acting on their behalf, must notify the Investigatory Powers Commissioner as soon as is reasonably practical after a decision has been taken to include a bulk personal dataset within a category authorisation in effect under this section.”

Clause 2, page 8, line 41, leave out from “authorisation” to “they” on page 9, line 1

Clause 2, page 11, leave out lines 32 and 33

Clause 2, page 4, leave out lines 27 to 30

Clause 2, page 8, leave out lines 6 to 15

Clause 2, page 7, line 3, leave out “or a category authorisation”

Clause 2, page 9, leave out from the beginning of line 38 to the end of line 13 on page 10

Clause 2, page 8, leave out lines 19 to 23

Clause 2, page 5, leave out lines 23 to 25

Clause 2, page 9, leave out lines 14 to 16

Clause 2, page 11, leave out lines 17 to 29

Clause 2, page 5, leave out lines 1 to 14

Clause 2, page 3, line 18 at end insert— “(1A) This section does not apply to a bulk personal dataset unless it has been published in accordance with the Data Protection Act 2018.”

Clause 2, page 5, line 39, leave out “or a category authorisation”

Clause 2, page 3, line 34, at end insert— “(4) By way of example, bulk datasets of images obtained by CCTV and bulk datasets of Facebook posts are not to be considered datasets where the individuals to whom the data relates could have no, or only a low, reasonable expectation of privacy.”

Clause 2, page 11, line 21, at end insert— “(1A) The report provided under subsection (1) must include an annex listing the bulk datasets retained or retained and examined under each category authorisation granted during the relevant period.”

Clause 2, page 5, line 17, leave out “or a category authorisation”

Clause 2, page 5, line 34, leave out “or a category authorisation”

Clause 2, page 7, line 27, leave out “or a category authorisation”

Clause 2, page 8, line 37, leave out “or a category authorisation”

Clause 14, page 35, line 35, at end insert— “(6B) In the Investigatory Powers Act 2016, after Schedule 2 insert—

Clause 14, page 35, line 5, after “exercise” insert “by a specified public authority”

Clause 14, page 35, line 17, at end insert— “(5A) After subsection (5) insert—

Clause 14, page 35, line 35, at end insert— “(6A) In section 267 of the Investigatory Powers Act 2016 (regulations), in subsection (5), after paragraph (a) insert—

To move the following Clause— “Requirement for the Secretary of State to publish an annual report on technology-enabled serious and organised crime and technology-enabled threats to national security

Clause 2, page 3, line 18, at end insert— “(1A) This section does not apply to a bulk personal dataset unless it has been published in accordance with the Data Protection Act 2018.”

To move the following Clause— “Report on the Prime Minister’s engagement with the Intelligence and Security Committee

Page 38, line 11, leave out Clause 18

Page 36, line 2, leave out Clause 15

To move the following Clause— “Prevention of torture or cruel, inhuman or degrading treatment or punishment

To move the following Clause— “Members of Parliament: interception and examination of communications and equipment interference

Clause 12, page 34, leave out lines 5 and 6

Clause 2, page 3, line 17, leave out “, or only a low,”

Page 3, line 9, leave out Clause 2

Clause 2, page 5, line 7, leave out “any dataset that falls” and insert “all datasets that fall”

Clause 2, page 3, line 34, at end insert— “(4) By way of example, bulk datasets of images obtained by CCTV and bulk datasets of Facebook posts are not to be considered datasets where the individuals to whom the data relates could have no, or only a low, reasonable expectation of privacy.”

Clause 15, page 36, line 35, at end insert— “(c) the Investigatory Powers Commissioner agrees with the judgment of the officer made in accordance with paragraph (b)”

To move the following Clause— “Interception notification for Members of Parliament etc.

Clause 2, page 11, line 2, at end insert— “226DZA Notification and review of bulk personal datasets retained under category authorisations

Clause 12, page 34, leave out lines 5 and 6 and insert— “(e) where the communications data has been made publicly or commercially available by the telecommunications operator or postal operator”