Part 3: Communications Data etc Internet connection records Section 15: Internet connection records
The new section adds an additional access condition ‘D’ which stipulates who may use this new condition and under what circumstances. The condition is split into two parts. Condition ‘D1’ covers the Lawful Purposes for which the new condition may be used when authorisation is by the Investigatory Powers Commissioner. Condition ‘D2’ covers the more limited Lawful Purposes for which the new condition may be used when internal authorisation is permitted.
	Section 15 (1) makes clear that the following section relates to section 62 of the Act and restrictions in relation to internet connection records.
	Section 15(2) and (3) simply amend sections in the Act which mention all conditions to ensure they now also reference the new condition D.
	Section 15(4) inserts new subsections 5A, 5B and 5C into the IPA 2016 which define the new condition D and provides interpretation of the term ‘specified.’
	New subsection (5A) introduces a table which makes clear that condition D1 only applies to the intelligence services and the NCA.
	It defines Condition D1 as being when the Investigatory Powers Commissioner considers that it is necessary, for a purpose referenced within the table (see below), to obtain data to identify which persons or apparatuses are using one or more specified internet services in a specified period, where "specified" means specified in the application.
	This is similar to Condition A save that it removes the requirement to possess unequivocal knowledge about the service(s) and time(s) of use and instead permits that these factors be stated within the application, based upon analysis and subject matter expertise.
	The table relevant to condition ‘D1’ sets out the limited lawful purposes for which the intelligence services and the NCA may use this provision.
	For the intelligence services this is:
in the interests of national security,
in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security
for the purpose of preventing or detecting serious crime.
	For the NCA this is;
for the purpose of preventing or detecting serious crime.
	New subsection 5B introduces a further table relevant to condition ’D2.’ This sets out the more limited circumstances where a designated senior officer may authorise use of this provision.
	For the intelligence services this is limited to;
in the interests of national security,
in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security
	And in urgent cases only;
for the purpose of preventing or detecting serious crime.
	For the NCA condition D2 permits a designated senior officer to authorise use of the provision, in urgent cases only, for the purpose of preventing or detecting serious crime.
	New subsection 5C explains that the term ‘specified’ means specified within the application for the authorisation.