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Investigatory Powers Act 2016 (c. 25)
Part 4 — Retention of communications data
(2)
In doing so, the Investigatory Powers Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Investigatory Powers Commissioner
complies with the duties imposed by section 2 (general duties in
relation to privacy).
(3)
Where the Investigatory Powers Commissioner refuses to approve a decision
to vary a retention notice as mentioned in section 90(10)(a), or to give a notice
under section 90(10)(b) confirming the effect of a retention notice, the
Investigatory Powers Commissioner must give the Secretary of State written
reasons for the refusal.
92
Data integrity and security
(1)
A telecommunications operator who retains relevant communications data by
virtue of this Part must—
(a) secure that the data is of the same integrity, and subject to at least the
same security and protection, as the data on any system from which it
is derived,
(b) secure, by appropriate technical and organisational measures, that the
data can be accessed only by specially authorised personnel, and
(c) protect, by appropriate technical and organisational measures, the data
against accidental or unlawful destruction, accidental loss or alteration,
or unauthorised or unlawful retention, processing, access or disclosure.
(2)
A telecommunications operator who retains relevant communications data by
virtue of this Part must destroy the data if the retention of the data ceases to be
authorised by virtue of this Part and is not otherwise authorised by law.
(3)
The destruction of the data may take place at such monthly or shorter intervals
as appear to the operator to be practicable.
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Disclosure of retained data
A telecommunications operator must put in place adequate security systems
(including technical and organisational measures) governing access to relevant
communications data retained by virtue of this Part in order to protect against
any unlawful disclosure.
Variation or revocation of notices
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Variation or revocation of notices
(1)
The Secretary of State may vary a retention notice.
(2)
The Secretary of State must give, or publish, notice of the variation in such
manner as the Secretary of State considers appropriate for bringing the
variation to the attention of the telecommunications operator (or description of
operators) to whom it relates.
(3)
A variation comes into force—
(a) when notice of it is given or published in accordance with subsection
(2), or