The Investigatory Powers (Amendment) Act 2024 (Commencement No. 2) Regulations 2025
These regulations, made under the Investigatory Powers (Amendment) Act 2024, bring section 5 of that Act into force on April 25th, 2025.
This section concerns the handling of third-party bulk personal datasets.
The regulations apply across the UK and have been approved by the Minister of State for the Home Office. An impact assessment was deemed unnecessary due to a lack of predicted significant impact on the public or private sectors.
Arguments For
Enhanced Data Security and Oversight: The regulations aim to improve the handling and oversight of third-party bulk personal datasets, potentially leading to more robust data protection.
Compliance with Legal Obligations: Bringing Section 5 into force ensures the UK's compliance with its legal obligations related to data and national security.
Improved National Security: The proper use of data obtained under the act is argued to allow security agencies to better mitigate security threats.
Strengthened Investigative Capabilities: Implementing this section of the Act potentially strengthens law enforcement agencies' capacities to investigate serious crimes by allowing the use of data when legally permitted and overseen.
Arguments Against
Privacy Concerns: The handling of bulk personal datasets raises significant privacy concerns, particularly the potential for misuse or unauthorized access.
Potential for Abuse: There's a risk that the powers granted under Section 5 could be abused or used disproportionately, leading to unwarranted surveillance.
Lack of Transparency: The lack of full transparency about the use of these powers can erode public trust and create uncertainty about government activity.
Implementation Challenges: Implementing and enforcing effective oversight mechanisms for handling vast quantities of personal data can be complex and resource-intensive.
- Citation and extent (1) These Regulations may be cited as the Investigatory Powers (Amendment) Act 2024 (Commencement No. 2) Regulations 2025. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the title of the regulations as the 'Investigatory Powers (Amendment) Act 2024 (Commencement No. 2) Regulations 2025' and confirms their application across the United Kingdom: England, Wales, Scotland, and Northern Ireland.
- Provision coming into force on 25th April 2025 Section 5 of the Investigatory Powers (Amendment) Act 2024 (third party bulk personal datasets), so far as not already in force, comes into force on 25th April 2025.
This section specifies that Section 5 of the Investigatory Powers (Amendment) Act 2024, which deals with third-party bulk personal datasets, will become fully effective on April 25th, 2025.
EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are the second commencement regulations made under the Investigatory Powers (Amendment) Act 2024 (c. 9) (“the 2024 Act”) which amends the Investigatory Powers Act 2016 (c. 25). Regulation 2 brings section 5 of the 2024 Act, relating to third party bulk personal datasets, fully into force on 25th April 2025. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
The explanatory note clarifies that these regulations are the second set issued under the Investigatory Powers (Amendment) Act 2024, amending the 2016 Act.
The note highlights that the regulations fully implement section 5 concerning third-party bulk personal datasets on April 25th, 2025.
An impact assessment was not done, as no significant effect on the public or private sectors is anticipated.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the Investigatory Powers (Amendment) Act 2024 (c. 9) have been brought into force by commencement regulations made before the date of these Regulations. | Provision | Date of Commencement | S.I. No. | |---|---|---| | sections 1 to 4 | 14.10.2024 | 2024/1021 | | section 5 (partially) | 14.10.2024 | 2024/1021 | | sections 6 to 17 | 14.10.2024 | 2024/1021 | | sections 19 and 20 | 14.10.2024 | 2024/1021 | | sections 22 to 29 | 14.10.2024 | 2024/1021 | | the Schedule | 14.10.2024 | 2024/1021 |
This note lists prior commencement regulations passed before this one.
It details which sections of the Investigatory Powers (Amendment) Act 2024 were brought into force on October 14th, 2024, under Statutory Instrument No. 2024/1021.