The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2025
These regulations amend the Investigatory Powers Act 2016, specifying which public authorities can access communications data and for what reasons.
The changes add several new authorities, like the Department for Business and Trade and the Security Industry Authority, while others, such as some ambulance services, lose this power.
The amendments also fine-tune access for existing authorities, such as the Department for Transport, by limiting access depending on the specific agency within the department.
These alterations are intended to improve the targeting of investigations while maintaining safeguards against misuse.
Arguments For
Improved Targeting of Investigations: The amendments allow specific agencies with a demonstrated need for communications data access to obtain authorizations, potentially leading to more effective investigations into serious crime and national security threats.
Enhanced National Security: Granting access to relevant agencies enhances the government's ability to prevent and detect threats to national security, aligning with the overarching goals of the Investigatory Powers Act 2016.
Streamlined Process for Authorisation: The regulations aim to clarify the process for obtaining authorization to access communications data for specified purposes, making it more efficient and transparent.
Legal and Historical Basis: The regulations are made under the authority of the Investigatory Powers Act 2016, following a period of consultation and parliamentary approval, reflecting established legal processes.
Arguments Against
Potential for Abuse of Power: Granting additional authorities access to communications data increases the risk of misuse or unauthorized access, potentially infringing on individual privacy rights.
Implementation Challenges: Successfully implementing the changes requires robust oversight mechanisms to ensure compliance with the regulations and prevent abuses of power, which may present practical difficulties.
Overreach into Privacy: Expanding access may lead to concerns regarding surveillance and potential overreach into the private lives of citizens even in the case of serious crime.
Unintended Consequences: The amendments could have unforeseen consequences and affect the balance between national security and individual rights; this requires careful monitoring and evaluation.
- (1) These Regulations may be cited as the Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2025 and come into force on the day after the day on which they are made.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the title of the regulations as the 'Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2025'.
It also specifies that these regulations will take effect the day after their enactment and will apply across the UK.
- (1) The table in Part 1 of Schedule 4 to the Investigatory Powers Act 2016 (table of authorities and officers etc.) is amended as follows.
(2) In the entry for the Department for Transport, in column 1, after “Department for Transport” insert “`, other than in relation to the Driver and Vehicle Standards Agency’”.
(3) After the entry for the Department for Transport, insert—
| “Department for Transport, so far as relating to the Driver and Vehicle Standards Agency | 60A(7)(b) and (d)” |
(4) After the entry for the Competition and Markets Authority, insert—
| “Comptroller-General of Patents, Designs and Trade Marks | 60A(7)(b)” |
(5) After the entry for the Criminal Cases Review Commission, insert—
| “Department for Business and Trade, so far as relating to the Integrated Corporate Services Counter Fraud Expert Services Team | 60A(7)(a), (b), (c) and (f)” | | “Department for Business and Trade, so far as relating to the Insolvency Service | 60A(7)(b) | Grade 7 in the Investigation and Enforcement Services Directorate – Criminal Investigation Team of the Insolvency Service | All | | 61A(7)(a)” |
(6) After the entry for the Department for the Economy in Northern Ireland, insert—
| “Department for Energy Security and Net Zero, so far as relating to the Integrated Corporate Services Counter Fraud Expert Services Team | 60A(7)(a), (b), (c) and (f)” | | “Department for Environment, Food and Rural Affairs, so far as relating to the Counter Fraud and Investigation Team | 60A(7)(b)” |
(7) After the entry for the Department of Justice in Northern Ireland, insert—
| “East Midlands Ambulance Service | 60A(7)(e) | Duty Manager of Ambulance Control Room | All | | 61A(7)(c)” |
(8) After the entry for the Northern Ireland Health and Social Care Regional Business Services Organisation, insert—
| “North West Ambulance Service | 60A(7)(e) | Duty Manager of Ambulance Control Room | All | | 61A(7)(c)” |
(9) After the entry for the Scottish Criminal Cases Review Commission, insert—
| “Security Industry Authority | 60A(7)(b) and (d)” |
(10) After the entry for the Serious Fraud Office, insert—
| “South East Coast Ambulance Service | 60A(7)(e) | Duty Manager of Ambulance Control Room | All | | 61A(7)(c)” | | “Velindre NHS Trust, so far as relating to Counter Fraud Services Wales | 60A(7)(a) and (b)” | | “West Midlands Ambulance Service | 60A(7)(e) | Duty Manager of Ambulance Control Room | All | | 61A(7)(c)” |
(11) Omit the entries for the following relevant public authorities—
(a) An ambulance trust in England; (b) Insolvency Service; (c) Scottish Ambulance Service Board; (d) Welsh Ambulance Services National Health Service Trust.
This section details amendments to Schedule 4 of the Investigatory Powers Act 2016, which lists authorized agencies for data access.
It modifies entries for existing authorities (like the Department for Transport), adds new ones (e.g., Comptroller-General of Patents, Department for Business and Trade, Department for Energy Security and Net Zero, Department for Environment, Food and Rural Affairs, Security Industry Authority, Counter Fraud Services Wales) and removes others (specific ambulance trusts in England, Scotland, and Wales).
Each addition or modification specifies the legal basis (section numbers) and sometimes the designated personnel within those organizations who can authorise access.
- In Schedule 4, in Part 2, in paragraph 1, omit the definition of “ambulance trust in England”.
This section removes the general definition of 'ambulance trust in England' from Schedule 4, Part 2, reflecting the more specific designations added in the previous section.