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Data Retention and Investigatory Powers Act 2014

Review of Investigatory Powers and Commissioner’s Reports

20.There are already oversight and review arrangements for investigatory powers in existing legislation. Nevertheless, this Act goes further. Section 36(1) of the Terrorism Act 2006 provides for the appointment of an independent reviewer of terrorism legislation (“the independent reviewer”), currently David Anderson Q.C. This Act requires the Secretary of State to commission from the independent reviewer a review of the investigatory powers available in the United Kingdom and how they are regulated. The review will therefore include the contents of this Act and any regulations made under it. The independent reviewer should report before 1 May 2015.

21.Sections 57 and 58 of RIPA provide for the appointment of an Interception of Communications Commissioner to carry out a yearly report. The Commissioner is currently the Rt Hon. Sir Anthony May. His remit includes reviewing the Secretary of State’s role in issuing interception warrants and the operation of the regime for the acquisition of communications data. This Act ensures that the Commissioner will be required to report twice a year on these issues.

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