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obligations relating to the removal by a relevant operator of electronic protection applied by or on behalf of that operator to any communications or data.
As the bill was passing through Parliament, several organizations noted their alarm at section 217 which obliges ISPs, telcos and other communications providers to let the government know in advance of any new products and services being deployed CSPs subject to a technical capacity notice must notify the Government of new products and services in advance of their launch, in order to allow consideration of whether it is necessary and proportionate to require the CSP to provide a technical capability on the new service.
Once on his or her desk, one of the Secretaries of State will have to "consider that the conduct required by the notice is proportionate to what is sought to be achieved by that conduct." He or she will also have to consult the "Technical Advisory Board" – which was created in response to another unpopular piece of technical legislation, RIPA – and people that are "likely to be subject to any obligations specified in the regulations." Any notice that the secretary then decides to push forward will have to be approved by a "Judicial Commissioner" – a judge appointed by the Prime Minister in that role – who will take into account the same factors as the secretary but, critically, also have to consider "the same principles as would be applied by a court on an application for judicial review." If the commissioner refuses to approve the decision, he or she must provide a written reason for doing so.
But that decision can then be overridden by the new Investigatory Powers Commissioner.
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