Home Office consultation: Investigatory Powers (Technical Capability) Regulations 2017

The Home Office are consulting on their draft technical capability notices regulation. This is a short 4 week consultation concluding on 19 May with responses to: investigatorypowers@homeoffice.gsi.gov.uk.

This is a ‘targeted consultation’ – and has not been publicised to the tech industry or public. The Secretary of State is in fact not under any obligation to consult the public, but instead must consult only a small selection of organisations listed in Section 253 (6) of the Investigatory Powers Act:

(6) Before making any regulations under this section, the Secretary of State must consult the following persons—
(a) the Technical Advisory Board,
(b) persons appearing to the Secretary of State to be likely to be subject to any obligations specified in the regulations,
(c) persons representing persons falling within paragraph (b), and
(d) persons with statutory functions in relation to persons falling within that paragraph.

The regulations will be laid before Parliament under the affirmative procedure.

Draft regulations (PDF).

The current equivalent powers made under the Regulation of Investigatory Powers Act 2000, are here.