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Investigatory Powers Commissioner’s Annual Report 2019
their lifetime. We will nonetheless investigate whether those retention requirements are
properly implemented at each force.
12.62
In summary, it is immediately clear that there are a number of vulnerable areas that
we need to investigate further. Our investigations need to consider both the technical
environments used by officers at each organisation and the way that individual teams are
using their data. It is vital that this work is completed to ensure that all data is held and
disposed of lawfully, while still ensuring that law enforcement officers are able to conduct
operations effectively. We will therefore work with each force to identify and mitigate any
risks and vulnerabilities as efficiently as possible. However, the severity of these potential
vulnerabilities must not be underestimated. There is the potential that some data may
not be held lawfully and this may have serious implications for the continued use of those
powers. We will work closely with the Home Office and other relevant bodies to ensure
that this matter is fully understood and investigated as this programme continues.
Protected information
12.63
Under section 49 of RIPA, specified public bodies may require the disclosure of protected
information, which they have lawfully obtained or are likely to obtain lawfully, in an
intelligible form or to acquire the means to access the information. The National Technical
Assistance Centre (NTAC) Is the lead national technical authority for this type of activity and
advice must be sought from NTAC before an application can be made to the appropriate
authority for permission to exercise these powers. These powers are used infrequently with
139 approvals granted in 2019 and none refused. This is a significant increase over the 66
approvals granted in 2018 and reflects better security awareness by subjects of interest and
greater awareness of this capability in the LEA community.