184
Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
Main functions of Commissioners
229
Main oversight functions
(1)
The Investigatory Powers Commissioner must keep under review (including
by way of audit, inspection and investigation) the exercise by public
authorities of statutory functions relating to—
(a) the interception of communications,
(b) the acquisition or retention of communications data,
(c) the acquisition of secondary data or related systems data under
Chapter 1 of Part 2 or Chapter 1 of Part 6, or
(d) equipment interference.
(2)
Such statutory functions include, in particular, functions relating to the
disclosure, retention or other use of—
(a) any content of communications intercepted by an interception
authorised or required by a warrant under Chapter 1 of Part 2 or
Chapter 1 of Part 6,
(b) acquired or retained communications data,
(c) data acquired as mentioned in subsection (1)(c), or
(d) communications, equipment data or other information acquired by
means of equipment interference.
(3)
The Investigatory Powers Commissioner must keep under review (including
by way of audit, inspection and investigation)—
(a) the acquisition, retention, use or disclosure of bulk personal datasets by
an intelligence service,
(b) the giving and operation of notices under section 252 (national security
notices),
(c) the exercise of functions by virtue of section 80 of the Serious Crime Act
2015 (prevention or restriction of use of communication devices by
prisoners etc.),
(d) the exercise of functions by virtue of sections 1 to 4 of the Prisons
(Interference with Wireless Telegraphy) Act 2012,
(e) the exercise of functions by virtue of Part 2 or 3 of the Regulation of
Investigatory Powers Act 2000 (surveillance, covert human intelligence
sources and investigation of electronic data protected by encryption
etc.),
(f) the adequacy of the arrangements by virtue of which the duties
imposed by section 55 of that Act are sought to be discharged,
(g) the exercise of functions by virtue of the Regulation of Investigatory
Powers (Scotland) Act 2000 (2000 asp 11) (surveillance and covert
human intelligence sources),
(h) the exercise of functions under Part 3 of the Police Act 1997
(authorisation of action in respect of property),
(i) the exercise by the Secretary of State of functions under sections 5 to 7
of the Intelligence Services Act 1994 (warrants for interference with
wireless telegraphy, entry and interference with property etc.), and
(j) the exercise by the Scottish Ministers (by virtue of provision made
under section 63 of the Scotland Act 1998) of functions under sections 5
and 6(3) and (4) of the Act of 1994.
(4)
But the Investigatory Powers Commissioner is not to keep under review—