APPENDIX II
Equipment Interference Code of Practice
As approved S.I. 2016 no.38
5.
Keeping of records
Centrally retrievable records of warrants
5.1
The following information relating to all section 5 warrants for equipment interference
should be centrally retrievable for at least three years:
All applications made for warrants and for renewals of warrants:
the date when a warrant is given;
whether a warrant is approved under urgency procedures;
where any application is refused, the grounds for refusal as given by
the Secretary of State;
the details of what equipment interference has occurred;
the result of periodic reviews of the warrants;
the date of every renewal; and
the date when any instruction was given by the Secretary of State to
cease the equipment interference.
6. Handling of information and safeguards
Overview
6.1
6.2
2
This chapter provides further guidance on the processing, retention, disclosure deletion
and destruction of any information obtained by the Intelligence Services pursuant to an
equipment interference warrant. This information may include communications content
and communications data as defined in section 21 of the 2000 Act.
The Intelligence Services must ensure that their actions when handling information
obtained by means of equipment interference comply with the legal framework set out
in the 1989 and 1994 Acts (including the arrangements in force under these Acts2), the
Data Protection Act 1998 and this code, so that any interference with privacy is
justified in accordance with Article 8(2) of the European Convention on Human Rights.
Compliance with this legal framework will ensure that the handling of information
obtained by equipment interference continues to be lawful, justified and strictly
controlled, and is subject to robust and effective safeguards against abuse.
All information obtained by equipment interference must be handled in accordance with arrangements made under section 2(2)(a) of the 1989 Act and sections 2(2)(a) and
4(2)(a) of the 1994 Act (and pursuant to sections 5(2)(c) and 7(3)(c) of the 1994 Act).