Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Section 29: Border security
Section 29 amends Schedule 3 to the Counter-Terrorism and Border Security Act 2019 in order to allow for the retention of copies of confidential business material (material acquired in the course of a trade or business that is held in confidence) without the authorisation of the Investigatory Powers Commissioner.
	Paragraph 17 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 gives examining officers the power to make and retain copies of confidential material with the authorisation of the Investigatory Powers Commissioner. The definition of confidential material includes "protected material" as set out in paragraph 12(11) of Schedule 3, which includes confidential business material. While an examining officer believes that it is necessary in the interests of national security, 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, for the purpose of preventing or detecting an act of serious crime, or for the purpose of preventing death or significant injury, a copy can be retained. On retaining a copy which consists of or includes confidential material on those grounds, the Commissioner must be notified as soon as reasonably practicable and must then either authorise the retention and use of the copy or direct that the copy is destroyed.
	Section 29 amends paragraph 12(11) of Schedule 3 by omitting the references to the definition of confidential business material from the definition of "protected material", therefore removing the requirement for the Commissioner to authorise the retention of copies of material acquired in course of a trade or business that is held in confidence.