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The Data Protection Tribunal (National Security Appeals) (Telecommunications) Rules 2000

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Relevant Minister’s objection to disclosure

12.  (1)  Where the relevant Minister objects, on grounds of the need to secure that information is not disclosed contrary to the interests of national security, to the disclosure of–

(a)his notice in reply to the appellant, the Commissioner or, in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider; or

(b)the reply of a respondent telecommunications provider to the appellant or the Commissioner,

he may send a notice of objection to the Tribunal.

(2) A notice of objection under paragraph (1) above must be sent–

(a)where paragraph (1)(a) above applies, with the notice in reply; and

(b)where paragraph (1)(b) above applies, within 42 days of the date on which he receives the copy mentioned in rule 8(3) above.

(3) A notice of objection under paragraph (1) above shall–

(a)state the reasons for the objection; and

(b)where paragraph (1)(a) above applies, if and to the extent it is possible to do so without disclosing information contrary to the interests of national security, be accompanied by a version of the relevant Minister’s notice in a form which can be shown to the appellant, the Commissioner or, as the case may be, the respondent telecommunications provider.

(4) Where the relevant Minister sends a notice of objection under paragraph (1) above, the Tribunal must not disclose the material in question otherwise than in accordance with rule 17 below.

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