Data Retention and Investigatory Powers Act 2014
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| Long title | An Act to make provision, in consequence of a declaration of invalidity made by the Court of Justice of the European Union in relation to Directive 2006/24/EC, about the retention of certain communications data; to amend the grounds for issuing interception warrants, or granting or giving certain authorisations or notices, under Part 1 of the Regulation of Investigatory Powers Act 2000; to make provision about the extra-territorial application of that Part and about the meaning of “telecommunications service” for the purposes of that Act; to make provision about additional reports by the Interception of Communications Commissioner; to make provision about a review of the operation and regulation of investigatory powers; and for connected purposes. |
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| Citation | 2014 c. 27 |
| Introduced by | Theresa May 14 July 2014 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 17 July 2014 |
| Commencement | 17 July 2014 |
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Status: Current legislation
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Text of the Data Retention and Investigatory Powers Act 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Data Retention and Investigatory Powers Act 2014 (DRIPA) was repealed on 31 December 2016 and replaced by the Investigatory Powers Act 2016.
The Data Retention and Investigatory Powers Act 2014 (also known as DRIP or DRIPA) is an Act of the Parliament of the United Kingdom that received Royal Assent on 17 July 2014, after being introduced on 14 July 2014. The purpose of the legislation is to allow security services to continue to have access to phone and internet records of individuals following a previous repeal of these rights by the Court of Justice of the European Union. The act was criticised by some Members of Parliament for the speed at which the act was passed through parliament, by some groups (such as the Open Rights Group and Liberty) as being an infringement of privacy.
Following legal action, in July 2015, the High Court issued an order that sections 1 and 2 of the Act were unlawful, and to be disapplied, suspended until 31 March 2016, thereby giving the government a deadline to come up with alternative legislation which is compatible with EU law.
As of 4 November 2015[update] an investigatory powers parliamentary bill was being drafted providing new surveillance powers, requiring records to be kept by Internet Service Providers tracking use of the internet from the UK, accessible by the police and security services without judicial oversight.
On 1 August 2014, the Data Retention Regulations 2014 came into force, completing the framework introduced by the DRIP. They provide that a communications service provider can be required to retain data only when target of a notice of the Secretary of State. In December 2014, in R (on the application of David Davis MP and Tom Watson MP) v Secretary of State for the Home Department, Mr Justice Lewis (High Court) granted the Claimants permission to proceed to a substantive hearing, thus agreeing that the DRIP can be challenged by judicial review. As a reaction, the Government proposed using the Counter-Terrorism and Security Bill (CTSB) to extend their remit to cover data generated as a result of internet communications.
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