• the time and date when an authorisation is given;
• whether an authorisation is in written or oral form;
• the time and date when it was notified to a
Surveillance Commissioner, if applicable;
• the time and date when the Surveillance
Commissioner
notified
his
approval
(where
appropriate);
• every occasion when entry on or interference with
property or with wireless telegraphy has occurred;
• the result of periodic reviews of the authorisation;
• the date of every renewal; and
• the time and date when any instruction was given by
the authorising officer to cease the interference with
property or with wireless telegraphy.
...
9.3 Each public authority must ensure that
arrangements are in place for the secure handling,
storage and destruction of material obtained through
the use of directed or intrusive surveillance or property
interference. Authorising officers, through their
relevant Data Controller, must ensure compliance with
the appropriate data protection requirements under the
Data Protection Act 1998 and any relevant codes of
practice produced by individual authorities relating to
the handling and storage of material.
...
9.7 The heads of these agencies are responsible for
ensuring that arrangements exist for securing that no
information is stored by the authorities, except as
necessary for the proper discharge of their functions.
They are also responsible for arrangements to control
onward disclosure. For the intelligence services, this is
a statutory duty under the 1989 Act and the 1994 Act.”
76.
There are then the under the waterline arrangements. In this regard we refer
to paragraphs 42 to 44 of the Tribunal’s judgment in Liberty/Privacy No.1,
the relevant cross-references for the purposes of this case being to paragraph
18(ix) and (xi) of that Judgment. In addition to the statutory provisions we
have referred to in paragraph 75 above, there is the reference in paragraph 9.3
of the Property Code to arrangements and codes of practice. The
arrangements so signposted are summarised in paragraph 99ZK-99ZR of the