Part 3: Communications Data etc Communications data Section 14: Powers to obtain communications data
This section amends section 12 of the IPA 2016. Currently section 12(2) of the Act states that any ‘general information gathering power’ which would have previously enabled a public authority to secure disclosure of Communications Data from a Telecommunications Operator or Postal Operator without:
the consent of the operator,
a court order or other judicial authorisation or warrant, and
being a regulatory power,
no longer enables the public authority to secure such discloser.
	Section 12(6) of the IPA 2016 then narrowly defined a ‘regulatory power’ as meaning any power to obtain information or documents – but only those exercisable in connection with the regulation of TOs, services or systems or postal operators or services.
	Section 14(4) inserts new subsections (2B) to (2D) into section 12 with the effect of disapplying section 11(2)’s limitation of general information powers in certain circumstances and to certain specified public authorities. New subsection (2B) provides that subsection (2) does not apply in relation to the exercise of regulatory or supervisory powers, unless those powers are exercised in the course of a criminal investigation. New subsection (2C) defines "criminal investigation". New subsection (2D) provides that an investigation is not in the course of a "criminal investigation" if, at the time of the acquisition of the CD, it is not being done with a view to seeking a criminal prosecution.
	Section 14(5A) and (5B) provide a definition for ‘specified public authority’ as one listed in either new Schedule 2A or Schedule 4, and states that either the Secretary of State or the Treasury may, by regulations, modify new Schedule 2A.
	Section 14(6) replaces the term ‘regulatory power’ with the definition of ‘regulatory or supervisory power.’ and defines this new term as being one exercisable in connection with
the regulation of persons or activities,
the checking or monitoring of compliance with requirements, prohibitions or standards imposed by or under an enactment, or
the enforcement of any requirement or prohibition imposed by or under an enactment,
	This definition of ‘regulatory or supervisory power’ is designed to capture organisations such as the Financial Conduct Authority and HMRC and their respective regulation of the financial sector and supervision of anti-money laundering regulations.
	Section 14(7) introduces a Schedule which reverses certain of the changes originally made by Schedule 2 to the IPA 2016 with the effect of reinstating powers available to public authorities which confer regulatory and supervisory powers on those authorities. The changes made by Schedule 2 to the IPA 2016 which relate to powers that can only be used for criminal investigations are unchanged by this Act.
	In effect, this means that the public authority can only acquire Communications Data from a TO using a regulatory or supervisory power, rather than those conferred under the IPA 2016, if at the time of acquisition their intention is to use the information in support of a civil regulatory or supervisory statutory function and not for a criminal investigation or prosecution.