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| | Data Retention and Investigatory Powers Bill
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| | Clause 3, page 4, line 19, at end insert— |
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| | | “(5) | In section 25 (interpretation of Chapter 11), subsection (1), after “in accordance |
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| | | with subsection (2);”, insert—
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| | | ““economic well-being of the United Kingdom” is defined as the security of |
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| | | critical national infrastructure, the conduct of defence contracts, the development, |
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| | | manufacture and design of UK defence systems, and the stability of the UK |
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| | | currency, banking and financial systems.” |
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| | Clause 6, page 7, line 2, leave out “2016” and insert “2014” |
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| | To move the following Clause— |
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| | | “Review of the powers, regulation, proportionality and oversight for |
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| | | communications and interception |
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| | | (6) | The Secretary of State must arrange— |
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| | | (a) | for the operation and future of the powers, regulation, proportionality and |
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| | | oversight for data retention, access and interception to be reviewed, and |
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| | | (b) | for a report on the outcome of the review to be produced and published. |
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| | | (7) | Subsection (1) does not prevent the review from also dealing with other matters |
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| | | relating to the Regulation of Investigatory Powers Act 2000, the Intelligence |
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| | | Services Act 1994, oversight of the intelligence agencies and data privacy. |
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| | | (8) | The arrangements made by the Secrertary of State must provide for the review to |
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| | | begin as soon as practicable, be carried out by the Independent Reviewer of |
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| | | Terrorism Legislation, and include public consultation. |
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| | | (9) | The full terms of reference must be established in consultation with the |
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| | | Independent Reviewer of Terrorism Legislation and relevant Select Committees |
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| | | of both Houses of Parliament.” |
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| | To move the following Clause— |
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| | | “Oversight by the Interception of Communications Commissioner |
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| | | (1) | The Interception of Communications Commissioner must report on the operation |
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| | | of sections 1 to 5 of this Act within six months of this Act coming into force and |
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| | | on six-monthly intervals thereafter.” |
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| | To move the following Clause— |
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| | | “Transparency on data collection |
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| | | (1) | To require any public authority requesting data requested from a communications |
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| | | service provider to maintain proper records including— |
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| | | (a) | the category of offence being investigated; |
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| | | (b) | the length of time the data had been retained by the CSP when it was |
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| | | (c) | the type of data requested, as per the definitions in section 21 of the |
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| | | Regulation of Investigatory Powers Act 2000.” |
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| | To move the following Clause— |
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| | | “Legal certainty for transparency reporting |
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| | | (1) | The Regulation of Investigatory Powers Act 2000 is amended as in subsection |
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| | | (2) | In section 54 (Tipping-off), after subsection (5) insert— |
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| | | “(5A) | In proceedings against any person for an offence under this section in |
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| | | respect of any disclosure, it shall be a defence for that person to show that |
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| | | the disclosure was made as part of an aggregated statistical disclosure |
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| | | covering a period of time greater than six months.”” |
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| | | Member’s explanatory statement
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| | | This amendment would provide a defence against the “tipping-off” offence, which has been cited |
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| | | as a reason why companies cannot release transparency reports. This amendment would allow |
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| | | statistics to be made available at six monthly (or greater) intervals. |
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