Commentary on provisions of Act Section 16: Designation of international agreements for purposes of section 52 of Investigatory Powers Act 2016
This section amends section 52 of the Investigatory Powers Act 2016, which sets out the conditions which need to be met in order that a telecommunications operator may intercept the communications of an individual at the request of the authorities of another country. Those conditions include that the request is made pursuant to a "relevant international agreement" to which the United Kingdom is a party, and which has been designated for the purposes of that section. Where the other country is one which retains the death penalty, this section restricts the Secretary of State’s ability to designate a relevant international agreement unless he or she has sought a written assurance or written assurances relating to the non-use of information obtained by virtue of that agreement in connection with proceedings for an offence where the death penalty might be imposed.