… the time limit for retention permitted under the internal policies of GCHQ, the
intercepting agency, was overlooked in regard to the product of that interception,
such that it was retained for materially longer than permitted under those policies.
We are satisfied however that the product was not accessed after the expiry of the
relevant retention time limit, and the breach can thus be characterised as technical
In its ruling pertaining to the LRC it writes that “the procedure laid down by GCHQ’s internal policies for selection of the communications for examination was in error not followed in this case”.