Investigatory Powers Bill — Clause 78 — Powers to Require Retention of Information on People's Internet Use — 7 Jun 2016 at 18:11

The majority of MPs voted to enable a Secretary of State to require the mass retention of information on people's internet use.

MPs were considering the Investigatory Powers Bill^[1].

The amendment rejected in this vote was:

• Amendment 3, page 62, line 22, leave out “therefore includes, in particular” and insert “does not include”.

Had it not been rejected this amendment would have affected Clause 78^[2] of the Bill. The text the rejected amendment sought to change is at the end of subclause (9) which defines "relevant communications data" for the purposes of Part 4 of the Bill which deals with powers for a Secretary of State to require a telecommunications operator to retain relevant communications data.

The amendment would have excluded internet connection records from the information a Secretary of State could require be retained.

Clause 54(6)^[3] of the Bill defined an internet connection record as:

• communications data which—
• (a) may be used to identify, or assist in identifying, a telecommunications service to which a communication is transmitted by means of a telecommunication system for the purpose of obtaining access to, or running, a computer file or computer program, and
• (b) comprises data generated or processed by a telecommunications operator in the process of supplying the telecommunications service to the sender of the communication (whether or not a person).

Subclause 54(4)(d) indicates such internet connection records can identify which internet service is being used, and when and how it is being used.

Clause 223(10) of the Bill^[4] defines a telecommunications operator (to whom a retention order could apply) as :

• a person who—
• (a) offers or provides a telecommunications service to persons in the United Kingdom, or
• (b) controls or provides a telecommunication system which is (wholly or partly)—
• (i) in the United Kingdom, or
• (ii) controlled from the United Kingdom.

Once retained provisions in other parts of the Bill could be applied by public bodies to obtain and examine the material.

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• [1] Parliament's webpage on the Investigatory Powers Bill
• [2] Clause 78 of the Investigatory Powers Bill as at the time of the vote
• [3] Clause 54 of the Investigatory Powers Bill as at the time of the vote
• [4] Clause 223 of the Investigatory Powers Bill as at the time of the vote

Debate in Parliament |