Telecommunications operators, services and systems.

The powers provided for in the Investigatory Powers Act 2016 are consistent with Directive 2002/58/EC on the processing of data and protection of privacy in electronic communications under the derogations at Article 15(1).

The Investigatory Powers (Technical Capability) Regulations.

Telecommunications operators may be required to provide assistance in giving effect to warrants and other authorisations under the Investigatory Powers Act 2016 (previously notified under 2016/0384/UK). The Investigatory Powers (Technical Capability) Regulations do not themselves impose requirements on telecommunications operators, but set out the specific obligations that may be imposed on operators in a ‘technical capability notice’. This type of notice will be used to obligate operators to maintain a technical capability to ensure that, when a warrant is served, the company can give effect to it securely and quickly.

A notice may be given only when deemed necessary and proportionate by a Secretary of State and when this decision is approved by a Judicial Commissioner. The use of these powers will be subject to extensive safeguards and judicial oversight.