6.26. The cancellation instrument will be addressed to the person to
whom the warrant was issued (the intercepting agency). A copy of the
cancellation instrument should be sent to those CSPs, if any, who
have given effect to the warrant during the preceding twelve months.
Records
6.27. The oversight regime allows the Interception of
Communications Commissioner to inspect the warrant application
upon which the Secretary of State’s decision is based, and the
interception agency may be required to justify the content. Each
intercepting agency should keep the following to be made available
for scrutiny by the Commissioner as he or she may require:
• All applications made for warrants complying with section 8(4),
and applications made for the renewal of such warrants;
• All warrants and certificates, and copies of renewal and
modification instruments (if any);
• Where any application is refused, the grounds for refusal as given
by the Secretary of State;
• The dates on which interception started and stopped.
6.28. Records should also be kept of the arrangements for securing
that only material which has been certified for examination for a
purpose under section 5(3) and which meets the conditions set out in
section 16(2) – 16(6) of RIPA in accordance with section 15 of RIPA
is, in fact, read, looked at or listened to. Records should be kept of the
arrangements by which the requirements of section 15(2)
(minimisation of copying and distribution of intercepted material)
and section 15(3) (destruction of intercepted material) are to be met.
For further details see the chapter on “Safeguards”.
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