Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Security of public electronic communications networks and services: designated vendor directions

Requirement not to disclose
105Z25
1
The Secretary of State may require a public communications provider which has been given a designated vendor direction or a designated vendor who has been sent a copy under section
105Z4
not to disclose to any other person the contents of—
a
the designated vendor direction, or
b
a part of the designated vendor direction specified by the Secretary of State,
without the permission of the Secretary of State.
2
The Secretary of State may require a designated vendor not to disclose to any other person the contents of—
a
the designation notice, or
b
a part of the designation notice specified by the Secretary of State,
without the permission of the Secretary of State.
3
The Secretary of State may require a public communications provider which has been given a notification under section
105Z18
(notification of contravention of designated vendor direction etc) not to disclose to any other person the existence or contents of—
a
the notification, or
b
a part of the notification specified by the Secretary of State,
without the permission of the Secretary of State.
4
The Secretary of State may require a public communications provider which has been given a confirmation decision under section
105Z20
(enforcement of notification under section
105Z18
) not to disclose to any other person the existence or contents of—
a
the confirmation decision, or
b
a part of the confirmation decision specified by the Secretary of State,
without the permission of the Secretary of State.
5
The Secretary of State may require a person who has been given an urgent enforcement direction not to disclose to any other person the existence or contents of—
a
the urgent enforcement direction, or
b
a part of the urgent enforcement direction specified by the Secretary of State,
without the permission of the Secretary of State.
6
The Secretary of State may require a person who has been given a notice under section
105Z23
(4)
(a)
or
(7)
(notices relating to confirmation of an urgent enforcement direction) not to disclose to any other person the existence or contents of—
a
the notice, or
b
a part of the notice specified by the Secretary of State,
without the permission of the Secretary of State.
7
The Secretary of State may not impose a requirement on a person under subsection
(1)
,
(2)
,
(3)
,
(4)
,
(5)
or
(6)
unless the condition in subsection
(8)
is satisfied.
8
The condition in this subsection is that the Secretary of State considers that it would be contrary to the interests of national security for—
a
the contents of the designated vendor direction or the part specified under subsection
(1)
,
b
the contents of the designation notice or the part specified under subsection
(2)
,
c
the existence or contents of the notification under section
105Z18
or the part specified under subsection
(3)
,
d
the existence or contents of the confirmation decision under section
105Z20
or the part specified under subsection
(4)
,
e
the existence or contents of the urgent enforcement direction or the part specified under subsection
(5)
, or
f
the existence or contents of the notice under section
105Z23
(4)
(a)
or
(7)
or the part specified under subsection
(6)
,
(as the case may be) to be disclosed, except as permitted by the Secretary of State.
9
If the condition in subsection
(10)
is satisfied, the Secretary of State may require a person consulted under section
105Z3
(1)
,
105Z5
(4)
,
105Z9
(1)
or
105Z10
(4)
not to disclose to any other person—
a
the existence of the consultation and any information disclosed to the person in the consultation, or
b
the existence of a part of the consultation specified by the Secretary of State and any information disclosed to the person in that part of the consultation,
without the permission of the Secretary of State.
10
The condition in this subsection is that the Secretary of State considers that it would be contrary to the interests of national security for the matters described in subsection
(9)
(a)
or (as the case may be) subsection
(9)
(b)
to be disclosed, except as permitted by the Secretary of State.
11
Where a person is subject to a requirement under this section not to disclose a matter, disclosure of that matter by an employee of the person or a person engaged in the person’s business is to be regarded as a disclosure by the person, unless the person can show that the person took all reasonable steps to prevent such a disclosure.
Ss. 105Z1-105Z7 and cross-heading inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 15(2), 28(1)(c)
Ss. 105Z25, 105Z26 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 22, 28(1)(c)