Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016

Produced in partnership with Richard Hanstock of Cornerstone Barristers
Practice notes

Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016

Produced in partnership with Richard Hanstock of Cornerstone Barristers

Practice notes
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STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Practice Note is in the process of being updated to reflect the changes.

The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of Acquisition and use of Communications data by public bodies, a framework which previously had been largely, but not exclusively, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000).

For an overview of the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide.

The provisions that govern the acquisition and Disclosure of communications data are contained

Richard Hanstock
Richard Hanstock

Richard is a public law barrister who enjoys applying the law to build and maintain sustainable communities. He advises and represents a wide range of public authorities, including local councils, government departments and police forces, as well as private individuals, companies and interest groups.
 
Having volunteered as a police officer for 13 years, Richard is well-equipped to provide highly practical and realistic advice alongside robust and persuasive advocacy inside and outside court. He has extensive experience of managing anti-social behaviour, disorder within licensed premises and persistent breaches of planning control, supporting clients to navigate challenging legal landscapes to achieve a just outcome for communities, businesses and individuals.
 
Richard is a deep specialist in the regulation of investigatory powers, including confiscation proceedings and police law. He is an expert in computer misuse and cyber security, building on his academic research on denial of service attacks at the University of Cambridge.
 
Richard serves as a reservist in the Royal Air Force, where he is working towards a commission in the RAF Legal Branch. He aspires to complement his public law practice by delivering operational legal advice to military commanders, contributing to the development of international legal doctrine on the role of cyber capabilities in hybrid warfare.

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Jurisdiction(s):
United Kingdom
Key definition:
Acquisition definition
What does Acquisition mean?

A supply of goods, or a transaction treated as a supply of goods, which involves the removal of goods from one EU member state to another.

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