03/02/2020 Privacy International v Secretary of State for Foreign And Commonwealth Affairs & Ors (Rev 2) [2016] UKIPTrib 15_110-CH (17 October 2016) Investigatory Powers (Order) 2003 (now 2010) -- senior officers of a variety of public authorities.  They include, but are not limited to, officers of MI5 and GCHQ.  Designated persons must have a belief of the kind set out in s.22(2):"It is necessary on grounds falling within this subsection to obtain communications data if it is necessary -(a) in the interests of national security; (b) for the purpose of preventing or detecting crime or of preventing disorder; (c) in the interests of the economic well-being of the United Kingdom; (d) in the interests of public safety; (e) for the purpose of protecting public health; (f) for the purpose of assessing or collection any tax, duty, levy or other imposition, contribution or charge payable to a government department; (g) for the purpose, in an emergency, of preventing death or injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health; or (h) for any purpose not falling within paragraphs (a) to (g) which is specified for the purposes of this subsection by an order made by the Secretary of State." 46. Subsections (4) to (7) set out what a designated person may require and what a telecommunications operator must do: "(4) Subject to subsection (5) where it appears to the designated person that a postal or telecommunications operator is or may be in possession of, or be capable of obtaining, any communications data, a designated person may, by notice to the postal or telecommunications operator, require the operator -(a) if the operator is not already in possession of the data, to obtain the data; and (b) in any case to disclose all of the data in his possession or subsequently obtained by him.  (5) The designated person shall not … give a notice under subsection (4) unless he believes that obtaining the data in question by the … notice is proportionate to what is sought to be achieved by so obtaining the data. (6) It shall be the duty of the postal or telecommunications operator to comply with the requirements of any notice given to him under subsection (4).  (7) A person who is under a duty by virtue of subsection (6) shall not be required to do anything in pursuance of that duty which it is not reasonably practicable for him to do."  Subsection (8) provides that the duty imposed upon the telecommunications operator is enforceable by civil proceedings.   47. S.23 (2) sets out detailed provisions for the giving of a notice under s.22 (4) and sets a limit of one month on its duration, subject to renewal. www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 15/53