RIPA Part I Chapter II consultation

6.1 Applications, authorisations copies of notices, and records of the withdrawal of authorisations and the cancellation of notices, must be retained by the relevant public authority in written or electronic form, and physically attached or crossreferenced where they are associated to each other. The public authority should also keep a record of the date and, when appropriate to do so, the time when each notice or authorisation is given or granted, renewed or cancelled.

6.2 These records must be available for annual inspection by the Interception of Communications Commissioner (‘the Commissioner’) and retained to allow the Investigatory Powers Tribunal, established under Part IV of the Act, to carry out its functions.^[73]

• ^[73] The Tribunal will consider complaints made up to one year after the conduct to which the complaint relates and, where it is satisfied it is equitable to do so, may consider complaints made more than one year after the conduct to which the complaint relates. See section 67(5) of the Act.

6.3 Where the records contain, or relate to, material obtained directly as a consequence of the execution of an interception warrant those records 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.^[74]

• ^[74] Section 15 of the Act and the statutory Code of Practice on Interception of Communications

6.4 This code does not affect any other statutory obligations placed on public authorities to keep records under any other enactment. For example, where applicable in England and Wales, the relevant test given in the Criminal Procedure and Investigations Act 1996 (‘the CPIA’) as amended and the code of practice under that Act. This requires that material which is obtained in the course of an investigation and which may be relevant to the investigation must be recorded, retained and revealed to the prosecutor.

6.5 Each relevant public authority must also keep a record of the following items:

• number of applications submitted to a designated person for a decision to (i) give a notice or (ii) grant an authorisation;
  
• number of notices requiring disclosure of communications data within the meaning of each subsection of section 21(4) of the Act or any combinations of data;
  
• number of authorisations for conduct to acquire communications data within the meaning of each subsection of section 21(4) of the Act or any combinations of data;
  
• number of times an urgent notice is given orally, or an urgent authorisation granted orally, requiring disclosure of communications data within the meaning of each subsection of section 21(4) of the Act or any combinations of data.
  

6.6 This record must be sent in written or electronic form to the Commissioner annually. Where appropriate, guidance on format or timing may be sought from the Commissioner.