Part 6: Miscellaneous Section 86: Information required from communications providers
This section amends the 2003 Act by inserting new sections 137A and 137B, which set out the scope of Ofcom’s powers to require communications providers to collect, generate or retain information for the purpose of publication, either by the communications provider, or by Ofcom.
	Subsection (1)(a) of new section 137A gives Ofcom power to require communications providers to publish any information held by the provider. Subsection (1)(b) provides powers to require communications providers to provide any such information to Ofcom, for the purposes of Ofcom publishing such material.
	Subsection (2) of new section 137A allows the requirements imposed under subsection (1) to include requirements to produce, generate or obtain information. Subsection (3)(a) to (c) of new section 137A contains a non-exhaustive list of some of the things that the communications provider might be required to do, including collect information, retain information or generate new information through analysis of data or information. The power also encompasses a requirement for communications providers to answer any questions that Ofcom might ask under this subsection.
	Subsection (4) of new section 137A sets out the limitations on Ofcom’s powers under subsections (1) to (3). Ofcom may use the powers conferred by subsections (1) to (3) only in connection with the carrying out its functions under Chapter 1 of Part 2 of the 2003 Act (provisions relating to electronic communications networks and services), or related functions under Part 1. Subsection (4)(b) requires that the exercise of the powers conferred by subsection (1) to (3) is proportionate to the use to which the material will be put in connection with the carrying out of those functions.
	Subsection (5) of new section 137A provides that the power conferred is to be exercised by a demand contained in a notice served on the communications provider, which describes the information or analysis required, or sets out the questions to be answered. The notice must also set out Ofcom’s reasons for imposing the requirement.
	Subsection (6)(a) requires that Ofcom serve a draft of any forthcoming demand to the recipient in advance of issuing it, and inform the provider of the period in which they may make representations. Subsection (6)(b) requires that Ofcom have regard to representations made by a communications provider within that period which identify restrictions in complying with the demand, due to restrictions on the disclosure or publication of information, as set out in subsection 6(b)(i) or due to the practicability of complying with the demand, as set out in subsection 6(b)(ii).
	Subsection (7) of new section 137A gives Ofcom power to prescribe the manner and form in which information, analysis or answers are to be published or provided under subsection (1)(a) or (b), and the timeframe within which they must be published or provided (subject to it being a reasonable period). Subsection (8) provides that, when Ofcom publishes information, analysis or answers, it must do so in a manner and form that it considers appropriate.
	New section 137B(1) requires that in exercising the powers conferred on it under new section 137A, Ofcom must have regard to the need to exclude from publication matters which are confidential, as defined in subsections (2) and (3). This mirrors the qualification on Ofcom’s duty to arrange for the publication of information and advice under section 26.