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

Restrictions on imposing information requirements
105Z28
1
This section limits the purposes for which, and manner in which, requirements may be imposed under section
105Z27
.
2
The Secretary of State is not to require a person to provide information under section
105Z27
except by a notice served on the person that—
a
describes the required information; and
b
sets out the Secretary of State’s reasons for requiring it.
3
The Secretary of State is not to impose a requirement on a person under section
105Z27
(3)
except by a notice served on the person that sets out the requirement and the Secretary of State’s reasons for imposing it.
4
The requirements in subsections
(2)
(b)
and
(3)
do not apply if or to the extent that the Secretary of State considers that setting out reasons in the notice would be contrary to the interests of national security.
5
The Secretary of State is not to require the provision of information under section
105Z27
except where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of the Secretary of State’s functions.
6
The Secretary of State is not to impose a requirement on a person under section
105Z27
(3)
except where the imposition of the requirement is proportionate to the use to which the information required to be produced, generated, obtained, collected or retained (including information required to be produced or generated by processing, collating or analysing) is to be put in the carrying out of the Secretary of State’s functions.
7
A requirement to provide information under section
105Z27
does not require a person to disclose information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
Ss. 105Z1-105Z7 and cross-heading inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 15(2), 28(1)(c)
Ss. 105Z27-105Z29 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 23, 28(1)(c)