Commentary on provisions of Act Section 12: Powers to require and share information related to security
This section sets out Ofcom’s powers to require and share information concerning the security of public electronic communications networks and services.
	Subsection (2) ensures that section 24B(2), which limits Ofcom’s ability to provide certain information to the Secretary of State, does not prevent Ofcom from providing information which they consider may assist the Secretary of State with the formulation of policy in relation to the security of public electronic communications networks and services.
	Subsection (3) amends section 135 so that:
Ofcom can require information from a person for the purpose of assessing the risk of a security compromise occurring (subsection (3)(a)).
The information which Ofcom can require from a person can include information concerning future developments of a public electronic communications network or service that could have an impact on the security of the network or service (subsection (3)(b)).
Ofcom can require a person to take actions to facilitate the provision of security information, such as obtaining and retaining such information (subsection (3)(c)). Security information is defined as information which Ofcom considers necessary for the purpose of carrying out their functions under sections 105M to 105Z (subsection (3)(d)).
	Subsection (4) amends section 137 of the 2003 Act to state that Ofcom must provide reasons for putting a requirement on providers under 135(3C).