Telecommunications Act 1997

If:

a designated communications provider supplies a particular kind of telecommunications service; and

the service involves, or will involve, the use of a telecommunications system;

has the capability to enable a communication passing over the system to be intercepted in accordance with an interception warrant; or

has the capability to transmit lawfully intercepted information to the delivery points applicable in respect of that kind of service; or

has a delivery capability.

Part 5‑3 of the Telecommunications (Interception and Access) Act 1979 deals with interception capability.

Part 5‑5 of the Telecommunications (Interception and Access) Act 1979 deals with delivery capability.

For the purposes of subsection (1), ensuring that a kind of service or a system has a particular capability includes ensuring that the capability is developed, installed and maintained.

A technical capability notice has no effect to the extent (if any) to which it requires a designated communications provider to keep, or cause to be kept:

information of a kind specified in or under section 187AA of the Telecommunications (Interception and Access) Act 1979; or

documents containing information of that kind;

Part 5‑1A of the Telecommunications (Interception and Access) Act 1979 deals with data retention.

A technical capability notice has no effect to the extent (if any) to which it requires a designated communications provider to keep, or cause to be kept, information that:

states an address to which a communication was sent on the internet, from a telecommunications device, using an internet access service provided by the provider; and

was obtained by the provider only as a result of providing the service.

This subsection ensures that a technical capability notice cannot require a designated communications provider to keep information about subscribers’ web browsing history.

An expression used in this section and in Chapter 5 of the Telecommunications (Interception and Access) Act 1979 has the same meaning in this section as it has in that Chapter.