42
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 2 — Other forms of lawful interception
(5)
Condition D is that any further conditions specified in regulations made by the
Secretary of State for the purposes of this section are met.
CHAPTER 3
OTHER PROVISIONS ABOUT INTERCEPTION
Restrictions on use or disclosure of material obtained under warrants etc.
53
Safeguards relating to retention and disclosure of material
(1)
The issuing authority must ensure, in relation to every targeted interception
warrant or mutual assistance warrant issued by that authority, that
arrangements are in force for securing that the requirements of subsections (2)
and (5) are met in relation to the material obtained under the warrant.
This is subject to subsection (9).
(2)
The requirements of this subsection are met in relation to the material obtained
under a warrant if each of the following is limited to the minimum that is
necessary for the authorised purposes (see subsection (3))—
(a) the number of persons to whom any of the material is disclosed or
otherwise made available;
(b) the extent to which any of the material is disclosed or otherwise made
available;
(c) the extent to which any of the material is copied;
(d) the number of copies that are made.
(3)
For the purposes of this section something is necessary for the authorised
purposes if, and only if—
(a) it is, or is likely to become, necessary on any of the grounds falling
within section 20 on which a warrant under Chapter 1 of this Part may
be necessary,
(b) it is necessary for facilitating the carrying out of any functions under
this Act of the Secretary of State, the Scottish Ministers or the person to
whom the warrant is or was addressed,
(c) it is necessary for facilitating the carrying out of any functions of the
Judicial Commissioners or the Investigatory Powers Tribunal under or
in relation to this Act,
(d) it is necessary to ensure that a person (“P”) who is conducting a
criminal prosecution has the information P needs to determine what is
required of P by P’s duty to secure the fairness of the prosecution, or
(e) it is necessary for the performance of any duty imposed on any person
by the Public Records Act 1958 or the Public Records Act (Northern
Ireland) 1923.
(4)
The arrangements for the time being in force under this section for securing
that the requirements of subsection (2) are met in relation to the material
obtained under the warrant must include arrangements for securing that every
copy made of any of that material is stored, for so long as it is retained, in a
secure manner.
(5)
The requirements of this subsection are met in relation to the material obtained
under a warrant if every copy made of any of that material (if not destroyed