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Investigatory Powers Commissioner’s Annual Report 2019
Definition: Technical Capability Notices (TCNs)
Under section 253 of the Investigatory Powers Act 2016, the Secretary of State, with approval
from a Judicial Commissioner, may use TCNs to give telecommunications or postal operators
notice of the requirement to have the capability to provide assistance with interception,
equipment interference and the acquisition of bulk communications data (BCD). After a TCN
has been issued and implemented, a company can act quickly and securely when a warrant
is authorised.
Definition: National Security Notices (NSNs)
Under section 252 of the Investigatory Powers Act 2016, a Secretary of State, with approval
from a Judicial Commissioner, can use an NSN to direct a UK telecommunications operator to
act in the interests of national security. This covers actions to assist the security and intelligence
agencies, which may be additionally authorised under a warrant. NSNs could, for example, ask a
company to provide access to a particular facility.
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As in previous years the Technology Advisory Panel (TAP) assisted the JCs in considering
TCNs and NSNs that were approved in 2019. The TAP provided briefings, covering
technical detail and practical processes, to the JCs to assist in their consideration of these
applications.
Communications data retention notices
2.39
In July 2019 a JC provided the first approval of a CD retention notice regarding internet
connection records (ICRs) relating to a telecommunication operator. This approval was
granted solely for the purposes of a trial, (‘live’ authorisations and acquisition of ICRs),
being conducted by law enforcement in conjunction with the Home Office, of systems and
processes for the proposed future operational use of ICRs. An ICR is a record of an event,
held by a telecommunications operator, about the sites or services to which a subject has
connected on the internet – but explicitly not what was done on those sites or services (the
content). As part of the same trial, although solely for testing purposes at this stage (no
‘live’ authorisations and no acquisition of ICRs by a relevant public authority), in October
2019 a JC approved a further CD retention notice regarding ICRs relating to a different
telecommunications operator.
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The JC sought and received advice from the TAP, as part of his consideration of these two
applications for the retention of ICRs.
Definition: communications data retention notices
Section 87 of the Investigatory Powers Act 2016 gives the Secretary of State the power to give
a data retention notice to a telecommunications operator or postal operator, requiring them
to retain relevant communications data (CD) for a maximum of 12 months, if it is considered
necessary and proportionate for one or more statutory purpose. A notice to retain CD can only
be given where the Secretary of State, having taken into account relevant information, considers
it necessary and proportionate to do so and where the decision to do so has been approved by
a Judicial Commissioner.