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) cover interference with the Article 8 rights of the users of communications services. S.94, and its power to give directions, thus amended, was left effective.   43. The Data Retention and Investigatory Powers Act 2014 ("DRIPA") made new provision for the retention and disclosure of communications data in s.1(1) and (6):  "(1) The Secretary of State may by a notice (a 'retention notice') require a public telecommunications operator to retain relevant communications data if the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within paragraphs (a) to (h) of section 22(2) [of RIPA] …  (6) A public telecommunications operator who retains relevant communications data by virtue of this section must not disclose the data except -- (a) in accordance with (i) Chapter 2 of Part 1 of [RIPA] …"  The regime created by these provisions is self-contained: it only applies to data retained by a public telecommunications operator pursuant to a retention notice "by virtue of [that] section". It does not apply to arrangements already in place to comply with a direction under s.94. This is consistent with the Retention of Communications Data Code of Practice of March 2015 paragraph 8.1 and 8.2.   44. Mr. de la Mare submits that Part I Chapter II of RIPA provides a comprehensive and exclusive statutory scheme for the acquisition and disclosure of communications data and that s.94 cannot lawfully be used to circumvent it.  It is necessary therefore to set out the RIPA scheme.  S.21(1), (2) and (3) provides: "(1) This Chapter applies to -(a) any conduct in relation to a postal service or telecommunications system for obtaining communications data, other than conduct consisting in the interception of communications in the course of their transmission by means of such a service or system; and (b) the disclosure to any person of communications data.  (2) Conduct to which this Chapter applies shall be lawful for all purposes if -(a) it is conduct in which any person is authorised or required to engage by an authorisation or notice granted or given under this Chapter; and (b) the conduct is in accordance with, or in pursuance of, the authorisation or requirement.  (3) A person shall not be subject to any civil liability in respect of any conduct of his which -(a) is incidental to any conduct that is lawful by virtue of subsection (2); and (b) is not itself conduct, an authorisation or warrant for which it is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question."  There then follow the definition provisions already set out above. 45. S.22 deals with the circumstances in which a "designated person" believes it is necessary to obtain communications data.  A "designated person" is a person identified in Schedule 1 to the Regulation of www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKIPTrib/2016/15_110-CH.html&query=([2016])+AND+(UKIPTrib)+AND+(15_110-CH) 14/53