Part 4: Retention of communications data Section 90: Review by the Secretary of State
This section permits the recipient of a notice to refer the notice back to the Secretary of State for a review. Subsection (1) states that the provider will have the opportunity to refer a notice within a specified time period or circumstances which will be set out in regulations.
	Subsection (4) states that the person is not required to comply with the specific obligations under referral until the notice has been reviewed by the Secretary of State. The actions that the Secretary of State must take in reviewing the notice, in particular consultation with the Technical Advisory Board and the Judicial Commissioner, are outlined at subsections (5) to (8).
	Subsections (9) to (12) further govern the review process. They require the Commissioner and the Technical Advisory Board to consult the telecommunications operator concerned and the Secretary of State before reaching their conclusions. They must then report their conclusions to the operator and Secretary of State. After consideration of the conclusions of the Commissioner and Board, the Secretary of State may decide to confirm the effect of the notice, vary the notice or withdraw it. The Secretary of State can only confirm the effect of the notice or vary the notice if the decision has been approved by the Investigatory Powers Commissioner.
	Subsection (13) imposes an obligation on the Secretary of State to keep a notice under review, regardless of whether or not it has been referred.