Investigatory Powers Act 2016IPA 2016UK · 2016 c. 25
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Sections

Section 64Procedure for authorisations and authorised notices

(1) An authorisation must specify—
  • (a)
    F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (aa)
    [F2 whether the authorisation has been granted by the Investigatory Powers Commissioner under section 60A or by a designated senior officer under section 61 or 61A;]
  • (b)
    the matters falling within [F3section 60A(7), 61(7) or 61A(7) (as applicable)] by reference to which it is granted,
  • (c)
    the conduct that is authorised,
  • (d)
    the data or description of data to be obtained, and
  • (e)
    the persons or descriptions of persons to whom the data is to be, or may be, disclosed or how to identify such persons.
(1A) [F4 An authorisation granted by a designated senior officer under section 61 or 61A must also specify the office, rank or position held by the officer.]
(2) An authorisation which authorises a person to impose requirements by notice on a telecommunications operator must also specify—
  • (a)
    the operator concerned, and
  • (b)
    the nature of the requirements that are to be imposed,

but need not specify the other contents of the notice.

(3) The notice itself—
  • (a)
    must specify—
    • (i)
      the office, rank or position held by the person giving it,
    • (ii)
      the requirements that are being imposed, and
    • (iii)
      the telecommunications operator on whom the requirements are being imposed, and
  • (b)
    must be given in writing or (if not in writing) in a manner that produces a record of its having been given.
(4) An authorisation must be applied for, and granted, in writing or (if not in writing) in a manner that produces a record of its having been applied for or granted.

Amended text

This Section is shown as amended by S.I. 2018/1123 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

  1. F1 S. 64(1)(a) omitted (5.2.2019) by virtue of The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(2)(a) (see S.I. 2019/174, reg. 2(c))
  2. F2 S. 64(1)(aa) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(2)(b) (see S.I. 2019/174, reg. 2(c))
  3. F3 Words in s. 64(1)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(2)(c) (see S.I. 2019/174, reg. 2(c))
  4. F4 S. 64(1A) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 5(3) (see S.I. 2019/174, reg. 2(c))

Commencement Information

  1. I1 S. 64 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)