Investigatory Powers Act 2016: Consultation on Notices Regimes

On 9 February 2023, I published a report on the operation of the Investigatory Powers Act 2016, in line with statutory obligations. Prior to that, in January 2023, I appointed Lord Anderson KBE KC to conduct an independent report on the Investigatory Powers Act. His terms of reference are available on gov.uk and his report will be published shortly.

Alongside this work, we have also considered the Investigatory Powers Act 2016’s notices regimes and today the Government are publishing a consultation on revising the notices regimes. Our objective is to ensure the continued efficacy of these notices regimes, in the face of technology changes and the increase in data being held overseas. These shifts in technology risk having a negative effect on the capabilities of our law enforcement and intelligence agencies to keep our citizens safe.

The Investigatory Powers Act 2016 provides for three types of notices—data retention, technical capability and national security. These can be imposed on tele-communications and postal operators and require them to undertake various actions, depending both on the type of notice and its exact contents. All Investigatory Powers Act 2016 notices are signed by the Secretary of State and then approved by an independent judicial commissioner.

Notices have existed since the Telecommunications Act 1984 and have proven effective in supporting the use of the other investigatory powers as well as resulting in a collaborative approach to issues between the Government and industry.

The consultation proposes five objectives for changes to the notices regimes to support the overall intention of improving the efficacy of the existing regimes while adhering to the Investigatory Powers Act 2016’s fundamental principles of necessity and proportionality and independent judicial oversight through the double lock.

We are consulting to understand further the views of relevant industries on these objectives and whether there is support for adjusting the notices regimes to reflect more accurately the modern digital economy.

The consultation will run for eight weeks from 5 June, and the Government will publish their response once they have considered the responses to the consultation. A copy of the consultation will be placed in the Libraries of both Houses and published on gov.uk.

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