107
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
Supplementary provision
129
Safeguards relating to retention and disclosure of material
(1)
The issuing authority must ensure, in relation to every targeted equipment
interference 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 (10).
(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 subsection (2), something is necessary for the authorised
purposes if, and only if—
(a) it is, or is likely to become, necessary on any relevant grounds (see
subsection (7)),
(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 of the Investigatory Powers Tribunal under
or in relation to this Act,
(d) it is necessary for the purpose of legal proceedings, or
(e) it is necessary for the performance of the functions of any person under
any enactment.
(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
earlier) is destroyed as soon as there are no longer any grounds for retaining it
(see subsection (6)).
(6)
For the purposes of subsection (5), there are no longer any 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
relevant grounds (see subsection (7)), and
(b) its retention is not necessary for any of the purposes mentioned in
paragraphs (b) to (e) of subsection (3) above.
(7)
In subsections (3) and (6), “relevant grounds” means—
(a) in relation to a warrant issued under section 102, grounds falling within
section 102(5);