Commentary on Sections Section 3: Retention and disclosure of information obtained under section 1
24.This section governs the retention and disclosure of information obtained in accordance with an authorisation under section 1 of the Act. This information will be traffic data described in paragraph 16 above.
25.Under subsection (1), the information must be destroyed no later than 3 months after it was obtained unless the person in charge of the relevant institution has authorised its retention. Further, under subsection (2) retention may only be authorised if the person in charge of a relevant institution is satisfied that retention is necessary on the grounds set out in subsection (8) and is proportionate to that purpose.
26.Subsection (3) provides that where information is retained under subsection (1), the person in charge of the relevant institution is under an obligation to review whether its retention continues to be justified. Such reviews must take place at least every 3 months. Where the person in charge of the relevant institution is not satisfied that retention of the information remains justified the information must be destroyed (subsection (4)).
27.Subsection (5) provides that information obtained to detect and investigate the use of the items specified in section 1(3) may be disclosed to an officer or an authorised employee of the relevant institution; or the Secretary of State or the Scottish Ministers if the relevant institution is in Scotland, unless the person in charge of the relevant institution has authorised the disclosure. Subsection (6) provides that the information may not be disclosed to any other person unless the person in charge of a relevant institution has authorised that disclosure. Such authorisation may be given only where the disclosure is necessary on the grounds set out in subsection (8) and is proportionate to that purpose (subsection (7)).
28.The grounds referred to in subsection (2) and subsection (7) are set out in subsection (8). These are: the interests of national security, the prevention, detection, investigation or prosecution of crime, the interests of public safety, securing or maintaining security or good order and discipline in the relevant institution, and the protection of health or morals.