DATA PROTECTION SAFEGUARDS paras 7.1 to 7.2
DATA PROTECTION SAFEGUARDS
7.1 Communications data acquired or obtained under the provisions of the Act, and all copies, extracts and summaries of it, must be handled and stored securely. In addition, the requirements of the Data Protection Act 1998 (‘the DPA’)[75] and its data protection principles must be adhered to.
- [75] Further guidance is available from http://www.dca.gov.uk/foi/datprot.htm or from http://www.informationcommissioner.gov.uk
7.2 Communications data (‘related communications data’) that is obtained directly as a consequence of the execution of an interception warrant must be treated in accordance with the safeguards which the Secretary of State has approved in conformity with the duty imposed upon him by the Act.[76]
- [76] See footnote 72.
Comments
Why does this Code of Practice therefore not explicitly require that UK Government Approved Cryptography, like for example, Kilgetty, must be used to protect such data stored on laptop computers, USB memory sticks, and other removable media etc. ?
Posted by: wtwu | June 17, 2006 08:46 AM
7.3 Communications data acquired or obtained under the provisions of this Act must never be used for any purpose other than that for which it was originally acquired or obtained. Explicitly, if the same data is required by a seperate investigation, an additional application must be made.
7.4 Communications data acquired or obtained under the provisions of this Act must be securely destroyed:
(a) within 48 hours of it becoming clear that the specific data will not be used as evidence against any person or corporation under the specific investigation for which the data was acquired or obtained, or
(b) within 48 hours of the termination of investigation for which it was obtained, or
(c) within 48 hours of the acquital of the person or corporation concerned
whichever is the latest.
When a person or corporation is convicted, communications data used in evidence must be securely destroyed on or before the date on which the conviction is spent.
Posted by: Brian Beesley | August 13, 2006 09:45 AM