Commentary Investigatory powers Section 4: Extra-territoriality in Part 1 of RIPA
45.This section clarifies certain provisions of Chapters 1 and 2 of Part 1 of RIPA to put beyond doubt that those provisions have extra-territorial effect.
46.Subsection (1) provides that Part 1 of RIPA is amended.
47.Subsection (2) inserts new subsections into section 11 of RIPA (implementation of interception warrants). New subsection (2A) provides that a copy of an interception warrant may be served on a person outside the United Kingdom, and may relate to conduct outside the United Kingdom. New subsection (2B) provides for the practicalities of serving the warrant on a person based outside the United Kingdom. The warrant can be served (in addition to service by electronic or other means) at an office within the United Kingdom, to an address, specified by the overseas person, within the United Kingdom, or by making it available for inspection within the United Kingdom. New subsection (2C) provides that the method of service by making available for inspection is only available where no other means of service is reasonably practicable, and that appropriate steps must be taken to bring the warrant to the attention of the person on whom a copy is served.
48.Subsection (3) amends section 11(4) of RIPA. That subsection provides that where a copy of a warrant is served on a person who provides a postal service, a person who provides a public telecommunications service (defined as a telecommunications service provided to the public in the United Kingdom), or a person having control of telecommunication system in the United Kingdom, that person has a duty to take steps to give effect to the warrant. Subsection (3) amends section 11(4) to make clear the duty applies whether or not the person is in the United Kingdom.
49.Subsection (4) inserts a new subsection (5A) into section 11 of RIPA, which sets out factors to be taken into account when determining whether steps for giving effect to a warrant are reasonably practicable.
50.Subsection (5) amends section 11(8) of RIPA, which provides that the obligation to give effect to the warrant is enforceable by civil proceedings. The amendment clarifies that this applies where the person subject to the duty is outside the United Kingdom.
51.Subsection (6) inserts new subsections into section 12 of RIPA (maintenance of interception capability). New subsection (3A) specifies that the Secretary of State’s power to give a notice requiring the maintenance of a permanent interception capability to a telecommunications service provider may be exercised in respect of a provider based outside the United Kingdom or in relation to conduct outside the United Kingdom. A public telecommunications service is one provided to the public in the United Kingdom. New subsection (3B) provides for the practicalities of giving a notice to a person based outside the United Kingdom. In addition to electronic or other means, it may be given by delivering it to an office in the United Kingdom, or to a specified address in the United Kingdom.
52.Subsection (7) amends section 12(7) of RIPA, which provides that where a notice to maintain an interception capability has been served on a telecommunications service provider, that person has a duty to comply with the notice, enforceable by civil proceedings for an injunction. The amendment makes clear that the duty, and the power to enforce, apply whether or not the telecommunications service provider is in the United Kingdom.
53.Subsection (8) inserts new subsections into section 22 of RIPA (obtaining and disclosing communications data). New subsection (5A) provides that an authorisation or a notice for the obtaining of communications data under section 22 may relate to conduct outside the United Kingdom, and a notice may be given to a person outside the United Kingdom. New subsection (5B) provides for the practicalities of giving a notice to a person outside the United Kingdom.
54.Subsection (9) amends section 22(6) of RIPA to make clear that the duty on a postal or telecommunications operator to comply with a notice applies whether or not the operator is in the United Kingdom.
55.Subsection (10) amends section 22(8) of RIPA to make clear that the power to enforce that duty by civil proceedings applies in respect of a person outside the United Kingdom.