ch2300c11a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
63
Part III
for the person against whom the proceedings are brought to show that he
neither knew nor had reasonable grounds for suspecting that the notice
contained a requirement to keep secret what was disclosed.
(11) In this section “relevant Commissioner” means the Interception
of Communications Commissioner, the Intelligence Services
Commissioner or any Surveillance Commissioner or Assistant
Surveillance Commissioner.
Safeguards
General duties of
55.—(1) This section applies to—
specified
(a) the Secretary of State and every other Minister of the Crown in authorities.
charge of a government department;
(b) every chief officer of police;
(c) the Commissioners of Customs and Excise; and
(d) every person whose officers or employees include persons with
duties that involve the giving of section 49 notices.
(2) It shall be the duty of each of the persons to whom this section
applies to ensure that such arrangements are in force, in relation to
persons under his control who by virtue of this Part obtain possession of
keys to protected information, as he considers necessary for securing—
(a) that a key disclosed in pursuance of a section 49 notice is used
for obtaining access to, or putting into an intelligible form, only
protected information in relation to which power to give such a
notice was exercised or could have been exercised if the key had
not already been disclosed;
(b) that the uses to which a key so disclosed is put are reasonable
having regard both to the uses to which the person using the key
is entitled to put any protected information to which it relates
and to the other circumstances of the case;
(c) that, having regard to those matters, the use and any retention of
the key are proportionate to what is sought to be achieved by its
use or retention;
(d) that the requirements of subsection (3) are satisfied in relation to
any key disclosed in pursuance of a section 49 notice;
(e) that, for the purpose of ensuring that those requirements are
satisfied, any key so disclosed is stored, for so long as it is
retained, in a secure manner;
(f) that all records of a key so disclosed (if not destroyed earlier) are
destroyed as soon as the key is no longer needed for the purpose
of enabling protected information to be put into an
intelligible form.
(3) The requirements of this subsection are satisfied in relation to any
key disclosed in pursuance of a section 49 notice if—
(a) the number of persons to whom the key is disclosed or otherwise
made available, and
(b) the number of copies made of the key,
are each limited to the minimum that is necessary for the purpose of
enabling protected information to be put into an intelligible form.