that it is necessary to disclose the information in question in order to
achieve that objective;
that the disclosure is proportionate to the objective;
that only as much of the information will be disclosed as is necessary to
achieve that objective.”
48. Again, guidance is given to staff on the requirements of necessity and
proportionality. This is in terms which are similar to those set out at §§4.34.4 in relation to acquisition, but with particular reference to disclosure:
”When will disclosure be necessary?
6.2 In order to meet the ‘necessity’ requirement in relation to disclosure, staff
must be satisfied that disclosure of the bulk personal dataset is ‘really needed’
for the purpose of discharging a statutory function of that Intelligence Service.
The disclosure must also be “proportionate”
6.3 The disclosure of the bulk personal dataset must also be proportionate to
the purpose in question. In order to meet the ‘proportionality’ requirement,
staff must be satisfied that the level of interference with the individual’s right
to privacy is justified by the benefit to the discharge of the Intelligence
Service’s statutory functions which is expected as a result of disclosing the
data and the importance of the objective to be achieved. Staff must consider
whether there is a reasonable alternative that will still meet the proposed
objective - i.e. which involves less intrusion. For example, this could mean
disclosure of individual pieces of data or of a subset of data rather than of the
whole bulk personal dataset.”
49. Prior to any disclosure of BPD, staff must also take reasonable steps to ensure
the intended recipient organisation “has and will maintain satisfactory
arrangements for safeguarding the confidentiality of the data and ensuring
that it is securely handled” or have received satisfactory assurances from the
intended recipient with respect to such arrangements (§6.4). This applies to all
disclosure, including to other Agencies (§6.5), and whether disclosure is of an
entire BPD, a subset of a BPD or an individual piece of data from a BPD
(§6.6).
50. Disclosure of the whole or subset of a BPD is subject to internal authorisation
procedures in addition to those that apply to an item of data (§6.7):
“The authorisation process requires an application to a senior manager
designated for the purpose, describing the dataset it is proposed to disclose (in
whole or in part) and setting out the operational and legal justification for the
proposed disclosure along with the other information specified in paragraph
4.7, and whether any caveats or restrictions should be applied to the proposed
disclosure. This is so that the senior manager can then consider the factors in
paragraph 6.1, with operational, legal and policy advice taken as appropriate.
In difficult cases, the relevant Intelligence Service may seek guidance or a
decision from the Secretary of State.”
Review of Retention and Deletion
67