Explaining the notice paras 4.27 to 4.29
Explaining the notice
4.27 The person giving the notice should take steps to explain, as far practicable and necessary (and to the extent such an explanation has not been offered before the notice is given), the contents of the notice and what is required to be done to comply with it. In particular the person giving the notice should be prepared to explain:
- on what grounds the disclosure requirement is being imposed;
- what is the relevant protected information;
- what is required to be disclosed, by when and to whom;
- any requirement to disclose a key (if appropriate) with clarification that the choice of which key to disclose is open to the recipient of the notice if that key, including any relevant session key, gives access to the information or puts it into an intelligible form;
- any secrecy provision (if appropriate);
- the consequences of not complying with the notice;
- that the person given the notice is entitled to seek legal advice about the effect of the notice and the provisions of the Act, and
- how the authenticity of the notice may be confirmed.
4.28 The person given notice must be provided with a copy of the notice which they may retain.
4.29 The person who had the appropriate permission to give the notice or the person who gave the notice shall withdraw it if, at any time after giving the notice, it is no longer necessary for the person given notice to comply with it or the disclosure required by the notice is no longer proportionate to what was sought to be achieved.
Withdrawal of a notice must:
- be undertaken in writing to the person given the notice or, if not, in a manner that produces a record of the notice having been withdrawn;
- identify, by reference to its unique reference number, the notice being withdrawn;
- record the date and, when appropriate to do so, the time when the notice was withdrawn; and
- record the name and the office, rank or position held by the person withdrawing the notice.