No. 25]
Interception of Communications
513
in a secure manner, and any records of such
key are destroyed as soon as no longer
needed to access the information or put it in
an intelligible form; and
(c)
the number of:
(i)
persons to whom the key is disclosed or
otherwise made available; and
(ii)
copies made of the key;
is limited to the minimum that is necessary for the purpose
of enabling the protected information to be accessed or put
into an intelligible form.
(7)
Subject to subsection (8) of this section, where any
relevant person incurs any loss or damage as a consequence
of a breach by a person referred to in subsection (6) of the
duty imposed upon him by that subsection, the breach shall
be actionable against the person referred to in subsection
(6) at the suit or instance of the relevant person.
(8) A person is a relevant person for the purposes of
subsection (7) if he is:
(a)
a person
who
has
made
a disclosure
in
pursuance of a disclosure order made under
section 14; or
(b)
aperson whose protected information, traffic
data, or key has been disclosed pursuant to
a disclosure order made under section 14;
and loss or damage shall be taken into account for the
purposes of section 14 to the extent only that it relates to
the disclosure of a particular protected information, traffic
data or a particular key which, in the case of a person falling
within paragraph (b), shall be his information or key.