Part 4: Notices Retention, national security and technical capability notices New sections 94A and 256A of the IPA 2016: Renewal of notices
Section 94A(2) sets out the renewal conditions which the Secretary of State must take into account for the purposes of determining the necessity and proportionality justifications of the notice. The provision also specifies that the decision to renew a notice is subject to the approval of a JC. This requirement is replicated in section 256A(2) for national security notices and subsection (3) for TCNs to ensure consistency across all notice types.
	Section 94A(3)-(5) make clear the renewal period, the manner in which the Secretary of State may bring the renewal to attention of the operator and ensuring that the current processes regarding the issuing of a data retention notice, under sections 87(10), 88, 89 and 90, apply to renewals. This is replicated in section 256A subsections (4)-(7) to ensure that current processes for issuing national security and technical capability notices apply to renewals.
	A consequential amendment to section 229(8)(e)(i) is required to bring notices requiring renewal, pursuant to sections 94A and 256A, under the main oversight functions of the IPC. This ensures JCs are able to carry out their functions in deciding whether to approve the renewal of a notice.