Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/51

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE :(b) that all practicable steps are taken to ensure that the protected product is protected against unauthorized or accidental access, processing, erasure or other use; and
 * (c) that the protected product is destroyed as soon as its retention is not necessary for the relevant purpose of the prescribed authorization.

(2) Where any protected product described in subsection (1) contains any information that is subject to legal professional privilege, subsection (1)(c) is to be construed as also requiring the head of the department concerned to make arrangements to ensure that any part of the protected product that contains the information—
 * (a) in the case of a prescribed authorization for a postal interception or covert surveillance, is destroyed not later than 1 year after its retention ceases to be necessary for the purposes of any civil or criminal proceedings before any court that are pending or are likely to be instituted; or
 * (b) in the case of a prescribed authorization for a telecommunications interception, is as soon as reasonably practicable destroyed.

(3) For the purposes of this section, something is necessary for the relevant purpose of a prescribed authorization—
 * (a) in the case of subsection (1)(a), if—
 * (i) it continues to be, or is likely to become, necessary for the relevant purpose; or
 * (ii) except in the case of a prescribed authorization for a telecommunications interception, it is necessary for the purposes of any civil or criminal proceedings before any court that are pending or are likely to be instituted; or
 * (b) in the case of subsection (1)(c)—
 * (i) when it continues to be, or is likely to become, necessary for the relevant purpose; or
 * (ii) except in the case of a prescribed authorization for a telecommunications interception, at any time before the expiration of 1 year after it ceases to be necessary for the purposes of any civil or criminal proceedings before any court that are pending or are likely to be instituted.

60. Record keeping

(1) Without prejudice to section 59, each department shall keep a record which is to contain—