Investigatory Powers Act 2016 (c. 25)
Part 4 — Retention of communications data
(a)
(b)
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each operator falling within that description may make a reference
under subsection (1), but
each such reference may only be in relation to the notice, or aspect of
the notice, so far as it applies to that operator.
(4)
There is no requirement for an operator who has referred a retention notice
under subsection (1) to comply with the notice, so far as referred, until the
Secretary of State has reviewed the notice in accordance with subsection (5).
(5)
The Secretary of State must review any notice so far as referred to the Secretary
of State under subsection (1).
(6)
Before deciding the review, the Secretary of State must consult—
(a) the Technical Advisory Board, and
(b) a Judicial Commissioner.
(7)
The Board must consider the technical requirements and the financial
consequences, for the operator who has made the reference, of the notice so far
as referred.
(8)
The Commissioner must consider whether the notice so far as referred is
proportionate.
(9)
The Board and the Commissioner must—
(a) give the operator concerned and the Secretary of State the opportunity
to provide evidence, or make representations, to them before reaching
their conclusions, and
(b) report their conclusions to—
(i) the operator, and
(ii) the Secretary of State.
(10)
The Secretary of State may, after considering the conclusions of the Board and
the Commissioner—
(a) vary or revoke the retention notice under section 94, or
(b) give a notice under this section to the operator concerned confirming its
effect.
(11)
But the Secretary of State may vary the notice, or give a notice under subsection
(10)(b) confirming its effect, only if the Secretary of State’s decision to do so has
been approved by the Investigatory Powers Commissioner.
(12)
A report or notice under this section is given to an operator by giving or
publishing it in such manner as the Secretary of State considers appropriate for
bringing it to the attention of the operator.
(13)
The Secretary of State must keep a retention notice under review (whether or
not referred under subsection (1)).
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Approval of notices following review under section 90
(1)
In deciding whether to approve a decision to vary a retention notice as
mentioned in section 90(10)(a), or to give a notice under section 90(10)(b)
confirming the effect of a retention notice, the Investigatory Powers
Commissioner must review the Secretary of State’s conclusions as to whether
the requirement to be imposed by the notice as varied or confirmed to retain
relevant communications data is necessary and proportionate for one or more
of the purposes falling within paragraphs (a) to (j) of section 61(7).