Cyber Security Practitioner
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Volume: 4 Issue: 1
(January 2018)

uk consults amending investigatory powers act with question adequacy uks data protection laws coming increasingly stark focus uk moves

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The UK consults on amending the Investigatory Powers Act

With the question of the adequacy of the UK’s data protection laws coming into increasingly stark focus as the UK moves towards Brexit, the Home Office has issued a consultation on the Government’s proposed response to the ruling from the Court of Justice of the European Union (‘CJEU’) on 21 December 2016 regarding the retention of communications data. The Government now accepts that some aspects of the UK’s regime for the retention and access to communications data do not satisfy the requirements of the CJEU’s judgment. It therefore proposes to amend the Investigatory Powers Act 2016 (‘IPA’), while at the same time consulting on a draft Communications Data Code of Practice, which sets out how the safeguards governing the retention of communications data by telecommunications operators and its acquisition by public authorities will operate, as Rafi Azim-Khan and Scott Morton of Pillsbury Law explain.

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