Description

Home Office adopted Notices Regime Code of Practice

On 5 June 2025, the UK Home Office adopted the Notices Regime Code of Practice. The Code delineates the powers and duties conferred or imposed under Part 4 and sections 249 and 252 to 258B of Part 9 of the Investigatory Powers Act. It provides guidance on the circumstances, process, and obligations associated with data retention notices, technical capability notices, national security notices, and notification notices, mandating telecommunications and postal operators to maintain lawful interception and data access capabilities. The Code outlines criteria for issuing these notices, including considerations of necessity and proportionality, and mandates Judicial Commissioner approval prior to issuance. Furthermore, it addresses the security, integrity, and destruction of retained data, which is primarily for disclosure under the Act but may also be shared in emergencies, subject access requests, or suspected criminal cases, emphasising compliance with relevant legislation such as data protection legislation. The Code also establishes compliance obligations, safeguards, Investigatory Powers Commissioner oversight, and a review process for challenging or modifying notices.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Government access to data
Regulated Economic Activity
infrastructure provider: internet and telecom services
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2024-10-08
in consultation

On 8 October 2024, the UK Home Office launched a consultation on the Notices Regime Code of Practic…

2025-01-06
processing consultation

On 6 January 2025, the UK Home Office closed its consultation on the Notices Regime Code of Practic…

2025-06-05
adopted

On 5 June 2025, the UK Home Office adopted the Notices Regime Code of Practice. The Code delineates…

2025-06-06
in force

On 6 June 2025, the Notices Regime Code of Practice entered into force. The Code applies to telecom…