Investigatory Powers Bill (HL Bill 62)

(i) the Investigatory Powers Commissioner or any other Judicial
Commissioner,

(ii) 10the Information Commissioner,

(iii) the Investigatory Powers Tribunal,

(iv) any other court or tribunal, or

(v) the Technical Advisory Board,

(b) any function to make subordinate legislation which is conferred by
15virtue of this Act on the Secretary of State or the Treasury.

(3) A code may, in particular, contain provision about the training of people
who may exercise functions in relation to which sub-paragraph (1) applies.

2 (1) Each code must include—

(a) provision designed to protect the public interest in the
20confidentiality of sources of journalistic information, and

(b) provision about particular considerations applicable to any data
which relates to a member of a profession which routinely holds
items subject to legal privilege or relevant confidential information.

(2) In this paragraph—

  • 25“relevant confidential information” means information which is held in
    confidence by a member of a profession and consists of—

    (a)

    personal records or journalistic material which are (or would
    be if held in England and Wales) excluded material as
    defined by section 11 of the Police and Criminal Evidence Act
    301984, or

    (b)

    communications between Members of Parliament and their
    constituents,

and the references in this paragraph to a member of a profession include
references to any person acting in the course of any trade, business,
35profession or other occupation or for the purposes of any paid or unpaid
office.

3 (1) A code about the exercise of functions conferred by virtue of Part 3 must
contain provision about communications data held by public authorities by
virtue of that Part.

(2) 40Such provision must, in particular, include provision about—

(a) why, how and where the data is held,

(b) who may access the data on behalf of the authority,

(c) to whom, and under what conditions, the data may be disclosed,

(d) the processing of the data for purposes otherwise than in connection
45with the purposes for which it was obtained or retained,