Part 4: Retention of communications data Section 89: Approval of retention notices by Judicial Commissioners
This section sets out the test that the Judicial Commissioner must apply when considering whether to approve a decision to give a retention notice. He or she must review the conclusions the Secretary of State came to regarding the necessity and proportionality of the requirement to retain communications data. In doing so the Judicial Commissioner must apply the same principles that a court would apply on an application for judicial review. The Judicial Commissioner must review the conclusions as to necessity and proportionality with sufficient care to comply with the general privacy duties set out in section 2.
	Subsection (4) makes clear that where a Commissioner refuses to approve a decision to give a notice he or she must set out written reasons for the refusal. Subsection (5) sets out that the Secretary of State may ask the Investigatory Powers Commissioner to reconsider an application that a Judicial Commissioner has refused.