Notification by the Investigatory Powers Commissioner

Investigatory Powers Bill – in the House of Commons at 8:01 pm on 6th June 2016.

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Votes in this debate

“(1) The Investigatory Powers Commissioner is to notify the subject or subjects of investigatory powers relating to the statutory functions identified in section 196, subsections (1), (2) and (3), including—

(a) the interception or examination of communications,

(b) the retention, accessing or examination of communications data or secondary data,

(c) equipment interference,

(d) access or examination of data retrieved from a bulk personal dataset,

(e) covert human intelligence sources,

(f) entry or interference with property.

(2) The Investigatory Powers Commissioner must only notify subjects of investigatory powers under subsection (1) upon completion of the relevant conduct or the cancellation of the authorisation or warrant.

(3) The notification under subsection (1) must be sent by writing within thirty days of the completion of the relevant conduct or cancellation of the authorisation or warrant.

(4) The Investigatory Powers Commissioner must issue the notification under subsection (1) in writing, including details of—

(a) the conduct that has taken place, and

(b) the provisions under which the conduct has taken place, and

(c) any known errors that took place within the course of the conduct.

(5) The Investigatory Powers Commissioner may postpone the notification under subsection (1) beyond the time limit under subsection (3) if the Commissioner assesses that notification may defeat the purposes of an on-going serious crime or national security operation or investigation.

(6) The Investigatory Powers Commissioner must consult with the person to whom the warrant is addressed in order to fulfil an assessment under subsection (5).”—(Mr Alistair Carmichael.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 64, Noes 278.

Division number 5 Investigatory Powers Bill — Notification by the Investigatory Powers Commissioner

Aye: 64 MPs

No: 278 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.

Clause 194