Section 105A: Duty to take security measures, Communications Act 2003

The provider of a public electronic communications network or a public electronic communications service must take such measures as are appropriate and proportionate for the purposes of—

identifying the risks of security compromises occurring;

reducing the risks of security compromises occurring; and

preparing for the occurrence of security compromises.

In this Chapter "security compromise", in relation to a public electronic communications network or a public electronic communications service, means—

anything that compromises the availability, performance or functionality of the network or service;

any unauthorised access to, interference with or exploitation of the network or service or anything that enables such access, interference or exploitation;

anything that compromises the confidentiality of signals conveyed by means of the network or service;

anything that causes signals conveyed by means of the network or service to be—

lost;

unintentionally altered; or

altered otherwise than by or with the permission of the provider of the network or service;

anything that occurs in connection with the network or service and compromises the confidentiality of any data stored by electronic means;

anything that occurs in connection with the network or service and causes any data stored by electronic means to be—

lost;

unintentionally altered; or

altered otherwise than by or with the permission of the person holding the data; or

anything that occurs in connection with the network or service and causes a connected security compromise.

But in this Chapter "security compromise" does not include anything that occurs as a result of conduct that—

is required or authorised by or under an enactment mentioned in subsection (4);

is undertaken for the purpose of providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in subsection (4);

is undertaken for the purpose of providing a person with assistance in exercising any power conferred by or under prison rules; or

is undertaken for the purpose of providing assistance to a constable or a member of a service police force (acting in either case in that capacity).

The enactments are—

the Investigatory Powers Act 2016;

Part 1 of the Crime and Courts Act 2013;

the Prisons (Interference with Wireless Telegraphy) Act 2012;

the Regulation of Investigatory Powers Act 2000;

the Regulation of Investigatory Powers (Scotland) Act 2000;

the Intelligence Services Act 1994;

any other enactment (whenever passed or made) so far as it—

makes provision which is in the interests of national security;

has effect for the purpose of preventing or detecting crime or of preventing disorder; or

makes provision which is in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security.

In this section—

"connected security compromise" means—in relation to a public electronic communications network, a security compromise that occurs in relation to another public electronic communications network or a public electronic communications service;in relation to a public electronic communications service, a security compromise that occurs in relation to a public electronic communications network or another public electronic communications service;
"crime" and "detecting crime" have the same meanings as in the Investigatory Powers Act 2016;
"prison rules" means any rules made under—section 47 of the Prison Act 1952;section 39 of the Prisons (Scotland) Act 1989; orsection 13 of the Prison Act (Northern Ireland) 1953;
"service police force" means—the Royal Navy Police;the Royal Military Police; orthe Royal Air Force Police;
"signal" has the same meaning as in section 32.

Section 105A: Duty to take security measures

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