Part of Investigatory Powers Bill – in a Public Bill Committee at 4:30 pm on 19 April 2016.
Robert Buckland
The Solicitor-General
4:30,
19 April 2016
We have already discussed the importance of protecting the identities of those companies subject to data retention notices, but there are circumstances where a telecommunications operator should be able to disclose the existence of a retention notice. Clause 84 allows the Secretary of State to give them permission to do so. The Amendment would ensure that a telecommunications operator could disclose the existence or content of a retention notice to the IPC without the need for permission to be given. I would say the proposal is unnecessary, because it is absolutely the Government’s intention to give telecommunications operators permission to disclose the existence and content of the retention notice to both the relevant oversight bodies—the IPC and the Information Commissioner—at the point at which a notice is given. In any event, clause 203 as drafted would permit the telecommunications operator to disclose a retention notice to the IPC in relation to any of his functions.
Amendment 224 would mean that the IPC, not the Secretary of State, would be granting permission for a telecoms operator to disclose the existence of the notice. In practice the Secretary of State would consider, at the point that a retention notice was issued, to whom the telecommunications operator could disclose the existence of a notice. It would not make any sense for this issue to be considered separately by the commissioner following the issue of a notice by the Secretary of State.
Further requests by a telecommunications operator to disclose a retention notice are likely to cover administrative matters, such as disclosure to a new systems supplier. Such matters should appropriately be considered by the Secretary of State. I think that explanation not only justifies Opposition to the amendments, which I know are being withdrawn, but supports clause 84.
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