Moved by
Lord King of Bridgwater
79: After Clause 17, insert the following new Clause—
“Part 3A
Ensuring or facilitating availability of data
Ensuring or facilitating availability
Power to ensure or facilitate availability of data
(1) The Secretary of State may by order—
(a) ensure that communications data is available to be obtained from telecommunications operators by relevant public authorities in accordance with Part 3B, or
(b) otherwise facilitate the availability of communications data to be so obtained from telecommunications operators.
(2) An order under this section may, in particular—
(a) provide for—
(i) the obtaining (whether by collection, generation or otherwise) by telecommunications operators of communications data,
(ii) the processing, retention or destruction by such operators of data so obtained or other data held by such operators,
(iii) the entering into by such operators of arrangements with the Secretary of State or other persons under or by virtue of which the Secretary of State or other persons engage in activities on behalf of the operators on a commercial or other basis for the purpose of enabling the operators to comply with requirements imposed by virtue of this section,
(b) impose requirements or restrictions on telecommunications operators or other persons or provide for the imposition of such requirements or restrictions by notice of the Secretary of State.
(3) Requirements imposed by virtue of subsection (2) may, in particular, include—
(a) requirements (whether as to the form or manner in which the data is held or otherwise) which ensure that communications data can be disclosed without undue delay to relevant public authorities in accordance with Part 3B,
(b) requirements for telecommunications operators—
(i) to comply with specified standards,
(ii) to acquire, use or maintain specified equipment or systems, or
(iii) to use specified techniques,
(c) requirements which—
(i) are imposed on a telecommunications operator who controls or provides a telecommunication system, and
(ii) are in respect of communications data relating to the use of telecommunications services provided by another telecommunications operator in relation to the telecommunication system concerned.
(4) Nothing in this Part authorises any conduct consisting in the interception of communications in the course of their transmission by means of a telecommunication system.
(5) In this section—
“processing”, in relation to communications data, includes its reading, organisation, analysis, copying, correction, adaptation or retrieval and its integration with other data,
“relevant public authority” has the same meaning as in Part 3B.
(6) See—
(a) section (Application of Parts 3A and 3B to postal operators and postal services) for the way in which this Part applies to public postal operators and public postal services, and
(b) section (Interpretation of Parts 3A, 3B and 3C) for the definitions of “communications data” and “telecommunications operator” and for other definitions relevant to this Part.”