Judgment Approved by the court for handing down. 54. Davis & Ors v SSHD Regulation 5 sets out the matters that the Secretary of State must take into account before giving retention notices: “5.— Matters to be taken into account before giving retention notices (1) Before giving a retention notice, the Secretary of State must, among other matters, take into account— (a) the likely benefits of the notice, (b) the likely number of users (if known) of any telecommunications service to which the notice relates (c) the technical feasibility of complying with the notice, (d) the likely cost of complying with the notice, and (e) any other impact of the notice on the public telecommunications operator (or description of operators) to whom it relates. (2) Before giving such a notice, the Secretary of State must take reasonable steps to consult any operator to whom it relates.” 55. Regulation 6 requires the Secretary of State to keep a retention notice under review. 56. Regulations 7 and 8 impose obligations on public telecommunications operators who retain communications data, including: to secure its integrity and security; to protect it from accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful retention, processing, access or disclosure; to destroy the data so as to make it impossible to access if the retention of the data ceases to be authorised; and to put in place adequate security systems. Regulation 9 imposes a duty on the Information Commissioner to audit compliance with these requirements. 57. Schedule 1 specifies the types of communications data that may be retained under the Act, replicating the Schedule to the 2009 Regulations. 58. Regulation 10 of the Regulations makes provision for the issue of codes of practice. Retention of Communications Data Code of Practice 59. The Retention of Communications Data Code of Practice came into force on 25 March 2015. It provides further guidance as to the procedures to be followed when communications data is retained pursuant to s.1 DRIPA and the Regulations. Acquisition and Disclosure Code of Practice 60. The Acquisition and Disclosure of Communications Data Code of Practice issued in 2007 was revised with effect from 25 March 2015, inter alia to reinforce the independence of the authorising officer from the specific investigation for which the communications data is required. Paragraph 3.12 of the revised Code provides that

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