Investigatory Powers Act 2016 (c. 25) – Section 95 – Enforcement of notices and certain other requirements and restrictions
Sections
Section 95Enforcement of notices and certain other requirements and restrictions
(1) It is the duty of a telecommunications operator on whom a requirement or restriction is imposed by—
- (a)a retention notice, or
- (b)section 92 or 93,
to comply with the requirement or restriction.
(2) A telecommunications operator, or any person employed or engaged for the purposes of the business of a telecommunications operator, must not disclose the existence or contents of a retention notice to any other person.
(3) [F1Any member of the Information Commission, or any of its staff], must not disclose the existence or contents of a retention notice to any other person.
(4) Subsections (2) and (3) do not apply to a disclosure made with the permission of the Secretary of State.
(5) The duty under subsection (1) or (2) [F2, or under section 90(4A),] is enforceable [F3(whether or not the person is in the United Kingdom)] by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.
Amended text
This Section is shown as amended by Investigatory Powers (Amendment) Act 2024; S.I. 2026/386 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.
Annotations
Textual Amendments
- F1 Words in s. 95(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 20(a); S.I. 2026/1015, reg. 2(c)
- F2 Words in s. 95(5) inserted (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 18(3), 32(2); S.I. 2025/722, reg. 2(a)
- F3 Words in s. 95(5) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 17(2), 32(2); S.I. 2024/1021, reg. 2(q)
Commencement Information
- I1 S. 95 in force at 30.12.2016 by S.I. 2016/1233, reg. 2(k)
https://ipa.digiphile.law/article/article-95.html
Text as at 7 October 2026.
This is an unofficial convenience version of the Investigatory Powers Act 2016. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.