58
Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
State thinks that it is necessary for the individual to be able to act as mentioned
in subsection (3)(a).
(5)
The Secretary of State must—
(a) put in place and maintain an adequate security system to govern access
to, and use of, the filtering arrangements and to protect against any
abuse of the power of access, and
(b) impose measures to protect against unauthorised or unlawful data
retention, processing, access or disclosure.
(6)
The Secretary of State must—
(a) put in place and maintain procedures (including the regular testing of
relevant software and hardware) to ensure that the filtering
arrangements are functioning properly, and
(b) report, as soon as possible after the end of each calendar year, to the
Investigatory Powers Commissioner about the functioning of the
filtering arrangements during that year.
(7)
A report under subsection (6)(b) must, in particular, contain information about
the destruction of authorisation data during the calendar year concerned.
(8)
If the Secretary of State believes that significant processing errors have
occurred giving rise to a contravention of any of the requirements of this Part
which relate to the filtering arrangements, the Secretary of State must report
that fact immediately to the Investigatory Powers Commissioner.
(9)
In this section “authorisation data”, in relation to an authorisation, means
communications data that is, or is to be, obtained in pursuance of the
authorisation or any data from which that data is, or may be, derived.
Relevant public authorities other than local authorities
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Relevant public authorities and designated senior officers etc.
(1)
Schedule 4 (relevant public authorities and designated senior officers etc.) has
effect.
(2)
A public authority listed in column 1 of the table in the Schedule is a relevant
public authority for the purposes of this Part.
(3)
In this Part “designated senior officer”, in relation to a relevant public authority
listed in column 1 of the table, means an individual who holds with the
authority—
(a) an office, rank or position specified in relation to the authority in
column 2 of the table, or
(b) an office, rank or position higher than that specified in relation to the
authority in column 2 of the table (subject to subsections (4) and (5)).
(4)
Subsection (5) applies where an office, rank or position specified in relation to
a relevant public authority in column 2 of the table is specified by reference
to—
(a) a particular branch, agency or other part of the authority, or
(b) responsibility for functions of a particular description.
(5)
A person is a designated senior officer by virtue of subsection (3)(b) only if the
person—