Investigatory Powers Act 2016 (c. 25)
Part 8 — Oversight arrangements
Chapter 1 — Investigatory Powers Commissioner and other Judicial Commissioners
230
187
Additional directed oversight functions
(1)
So far as directed to do so by the Prime Minister and subject to subsection (2),
the Investigatory Powers Commissioner must keep under review the carrying
out of any aspect of the functions of—
(a) an intelligence service,
(b) a head of an intelligence service, or
(c) any part of Her Majesty’s forces, or of the Ministry of Defence, so far as
engaging in intelligence activities.
(2)
Subsection (1) does not apply in relation to anything which is required to be
kept under review by the Investigatory Powers Commissioner under section
229.
(3)
The Prime Minister may give a direction under this section at the request of the
Investigatory Powers Commissioner or the Intelligence and Security
Committee of Parliament or otherwise.
(4)
The Prime Minister must publish, in a manner which the Prime Minister
considers appropriate, any direction under this section (and any revocation of
such a direction) except so far as it appears to the Prime Minister that such
publication would be contrary to the public interest or prejudicial to—
(a) national security,
(b) the prevention or detection of serious crime,
(c) the economic well-being of the United Kingdom, or
(d) the continued discharge of the functions of any public authority whose
activities include activities that are subject to review by the
Investigatory Powers Commissioner.
231
Error reporting
(1)
The Investigatory Powers Commissioner must inform a person of any relevant
error relating to that person of which the Commissioner is aware if the
Commissioner considers that—
(a) the error is a serious error, and
(b) it is in the public interest for the person to be informed of the error.
(2)
In making a decision under subsection (1)(a), the Investigatory Powers
Commissioner may not decide that an error is a serious error unless the
Commissioner considers that the error has caused significant prejudice or
harm to the person concerned.
(3)
Accordingly, the fact that there has been a breach of a person’s Convention
rights (within the meaning of the Human Rights Act 1998) is not sufficient by
itself for an error to be a serious error.
(4)
In making a decision under subsection (1)(b), the Investigatory Powers
Commissioner must, in particular, consider—
(a) the seriousness of the error and its effect on the person concerned, and
(b) the extent to which disclosing the error would be contrary to the public
interest or prejudicial to—
(i) national security,
(ii) the prevention or detection of serious crime,
(iii) the economic well-being of the United Kingdom, or