4.29. Material which has been identified as confidential information
should be retained only where it is necessary and proportionate to do
so for one or more of the authorised purposes set out in section 15(4).
It must be securely destroyed when its retention is no longer needed
for those purposes. If such information is retained, there must be
adequate information management systems in place to ensure that
continued retention remains necessary and proportionate for the
authorised statutory purposes.
4.30. Where confidential information is retained or disseminated to an
outside body, reasonable steps should be taken to mark the
information as confidential. Where there is any doubt as to the
lawfulness of the proposed handling or dissemination of confidential
information, advice should be sought from a legal adviser within the
relevant intercepting agency and before any further dissemination of
the material takes place.
4.31. Any case where confidential information is retained should be
notified to the Interception of Communications Commissioner as
soon as reasonably practicable, as agreed with the Commissioner. Any
material which has been retained should be made available to the
Commissioner on request.
4.32. The safeguards set out in paragraphs 4.28 – 4.31 also apply to
any section 8(4) material (see chapter 6) which is selected for
examination and which constitutes confidential information.
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