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IPCO Annual Report 2018
2.15
The JCs approved the notices in each case and written reasons were provided.
Technical Capability Notices (TCNs)
Under s253, the Secretary of State, with approval from a JC, may use TCNs to give
telecommunications or postal operators notice of the requirement to have the capability
to provide assistance with interception, equipment interference and the acquisition of bulk
communications data (BCD). After a TCN has been issued, a company can act quickly and
securely when a warrant is authorised.
National Security Notices (NSNs)
Under s252 IPA, a Secretary of State, with approval from a JC, can use an NSN to direct a UK
telecommunications officer to act in the interests of national security. This covers actions to
assist the security and intelligence agencies, which may be additionally authorised under a
warrant. NSNs could, for example, ask a company to provide access to a particular facility.
Communications data retention notices
2.16
In November 2018, a JC considered and approved a number of communications data
retention notices. These notices reflected the amendments to the IPA contained in the
Data Retention and Acquisition Regulations 2018 which list the statutory purposes for
which CD is to be retained, including the changes to the ‘crime purpose’ in order to comply
with EU law.
Communications data retention notices
Section 87 of the Investigatory Powers Act 2016 gives the Secretary of State the power to give
a data retention notice to a telecommunications operator or postal operator, requiring them
to retain relevant communications data (CD) for a maximum of 12 months, if it is considered
necessary and proportionate for one or more statutory purposes. A notice to retain CD can only
be given where the Secretary of State, having taken into account relevant information, considers
it necessary and proportionate to do so and where the decision to do so has been approved by
a Judicial Commissioner.
Review of the Consolidated Guidance
Background
2.17
In 2010, the Government published the Consolidated Guidance to Intelligence Officers
and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on
the Passing and Receipt of Intelligence Relating to Detainees (the Consolidated Guidance).
The purpose of the Consolidated Guidance was to ensure, in accordance with the UK
Government’s core policy, that UK personnel ‘do not participate in, solicit, encourage or
condone the use of torture or cruel, inhuman or degrading treatment or punishment for
any purpose’.