212
Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 1 — Miscellaneous
(2)
In deciding whether to approve a decision to vary a relevant notice as
mentioned in section 257(9)(a), or to give a notice under section 257(9)(b)
confirming the effect of a relevant notice, the Investigatory Powers
Commissioner must review the Secretary of State’s conclusions as to the
following matters—
(a) whether the relevant notice as varied or confirmed is necessary as
mentioned in section 252(1)(a) or (as the case may be) section 253(1)(a),
and
(b) whether the conduct required by the relevant notice, as varied or
confirmed, is proportionate to what is sought to be achieved by that
conduct.
(3)
In doing so, the Investigatory Powers Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matters referred to in subsection (2) with a sufficient
degree of care as to ensure that the Investigatory Powers Commissioner
complies with the duties imposed by section 2 (general duties in
relation to privacy).
(4)
Where the Investigatory Powers Commissioner refuses to approve a decision
to vary a relevant notice as mentioned in section 257(9)(a), or to give a notice
under section 257(9)(b) confirming the effect of a relevant notice, the
Investigatory Powers Commissioner must give the Secretary of State written
reasons for the refusal.
Wireless telegraphy
259
Amendments of the Wireless Telegraphy Act 2006
(1)
The Wireless Telegraphy Act 2006 is amended as follows.
(2)
Section 48 (interception and disclosure of messages) is amended as follows.
(3)
In subsection (1), for “otherwise than under the authority of a designated
person” substitute “without lawful authority”.
(4)
After subsection (3) insert—
“(3A)
A person does not commit an offence under this section consisting in
any conduct if the conduct—
(a) constitutes an offence under section 3(1) of the Investigatory
Powers Act 2016 (offence of unlawful interception), or
(b) would do so in the absence of any lawful authority (within the
meaning of section 6 of that Act).”
(5)
Omit subsection (5).
(6)
Omit section 49 (interception authorities).
(7)
In consequence of the repeal made by subsection (6)—
(a) in sections 50(5) and 119(2)(a), for “49” substitute “48”;
(b) in section 121(2), omit paragraph (b).