Part 4Retention of communications data
Safeguards
90Review by the Secretary of State
I21
A telecommunications operator to whom a retention notice is given may, within such period or circumstances as may be provided for by regulations made by the Secretary of State, refer the notice back to the Secretary of State.
I22
Such a reference may be in relation to the whole of a notice or any aspect of it.
I23
In the case of a notice given to a description of operators—
a
each operator falling within that description may make a reference under subsection (1), but
b
each such reference may only be in relation to the notice, or aspect of the notice, so far as it applies to that operator.
I24
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).
I25
The Secretary of State must review any notice so far as referred to the Secretary of State under subsection (1).
I26
Before deciding the review, the Secretary of State must consult—
a
the Technical Advisory Board, and
b
a Judicial Commissioner.
I27
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.
I28
The Commissioner must consider whether the notice so far as referred is proportionate.
I29
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.
I210
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.
I211
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.
I212
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.
13I1
The Secretary of State must keep a retention notice under review (whether or not referred under subsection (1)).