Explanatory note

These Regulations amend section 229 of the Investigatory Powers Act 2016 (c. 25) (“the 2016 Act”), which sets out the main functions of the Investigatory Powers Commissioner (“the Commissioner”).

Regulation 2 amends section 229 of the 2016 Act so that the oversight functions of the Commissioner include keeping under review (including by way of audit, inspection and investigation) the exercise by public authorities in the areas described below, where oversight was previously conducted on an agreed, non-statutory basis.

New subsection (3B) provides the Commissioner with oversight of the process operated by GCHQ for determining whether information about vulnerabilities in technology should be disclosed.

Further details about the process can be found online via the following link: www.gchq.gov.uk/information/equities-process.

New subsections (3C) and (3D) provide the Commissioner with oversight of compliance by members and civilian staff of the metropolitan police force and officers of the National Crime Agency with the guidance referred to as “The Principles Relating to the Detention and Interviewing of Detainees Overseas and the Passing and Receipt of Intelligence Relating to Detainees” (“the Principles”).

The Principles, as published on 18 July 2019, can be found online via the following link: www.gov.uk/government/publications/uk-involvement-with-detainees-in-overseas-counter-terrorism-operations. A hard copy version may be obtained by printing the document published on the GOV.UK website (www.gov.uk) or by writing to the Cabinet Office, National Security Secretariat, 70 Whitehall, London, SW1A 2AS.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.