Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 3 — Other provisions about interception
43
earlier) is destroyed as soon as there are no longer any relevant grounds for
retaining it (see subsection (6)).
(6)
For the purposes of subsection (5), there are no longer any relevant grounds for
retaining a copy of any material if, and only if—
(a) its retention is not necessary, or not 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, and
(b) its retention is not necessary for any of the purposes mentioned in
paragraphs (b) to (e) of subsection (3) above.
(7)
Where—
(a) a communication which has been intercepted in accordance with a
targeted interception warrant or mutual assistance warrant is retained,
following its examination, for purposes other than the destruction of
the communication, and
(b) it is a communication that contains confidential journalistic material or
identifies a source of journalistic information,
the person to whom the warrant is addressed must inform the Investigatory
Powers Commissioner as soon as is reasonably practicable.
(8)
Subsection (9) applies if—
(a) any material obtained under the warrant has been handed over to any
overseas authorities, or
(b) a copy of any such material has been given to any overseas authorities.
(9)
To the extent that the requirements of subsections (2) and (5) relate to any of
the material mentioned in subsection (8)(a), or to the copy mentioned in
subsection (8)(b), the arrangements made for the purposes of this section are
not required to secure that those requirements are met (see instead section 54).
(10)
In this section—
“copy”, in relation to material obtained under a warrant, means any of the
following (whether or not in documentary form)—
(a) any copy, extract or summary of the material which identifies
the material as having been obtained under the warrant, and
(b) any record which—
(i) refers to any interception or to the obtaining of any
material, and
(ii) is a record of the identities of the persons to or by whom
the material was sent, or to whom the material relates,
and “copied” is to be read accordingly;
“the issuing authority” means—
(a) the Secretary of State, in the case of warrants issued by the
Secretary of State;
(b) the Scottish Ministers, in the case of warrants issued by the
Scottish Ministers;
“overseas authorities” means authorities of a country or territory outside
the United Kingdom.