SCHEDULES
SCHEDULE 3Border security
PART 1Powers
18Power to make and retain copies
1
2
The Investigatory Powers Commissioner (“the Commissioner”) must be informed of the copy’s retention as soon as is reasonably practicable.
3
The Commissioner may authorise the retention and use of the copy if both of the following two conditions are met.
4
The first condition is that it appears to the Commissioner that there are reasonable grounds to believe that it is necessary to retain the copy—
a
in the interests of national security,
b
in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,
c
for the purpose of preventing or detecting an act of serious crime, or
d
for the purpose of preventing death or significant injury.
5
The second condition is that the Commissioner is satisfied that—
a
arrangements are in place that are sufficient for ensuring that any confidential material contained in the copy is retained securely, and
b
the material will be used only so far as necessary and proportionate for a relevant purpose.
6
7
8
In authorising the retention and use of a copy under sub-paragraph (3) the Commissioner may impose whatever conditions the Commissioner thinks appropriate in relation to its retention and use.
9
For the purposes of sub-paragraph (5)(b), the use of material is necessary for a relevant purpose if it is necessary—
a
in the interests of national security,
b
in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,
c
for the purpose of preventing or detecting serious crime, or
d
for the purpose of preventing death or significant injury.