55. Relevant provisions of the 2007 CD Code include:
(a) Provisions emphasising and explaining the requirements of necessity and
proportionality:
(a) “The acquisition of communications data under the Act will be a
justifiable interference with an individual’s human rights under Article
8 of the European Convention on Human Rights only if the conduct
being authorised or required to take place is both necessary and
proportionate and in accordance with law.” (§2.1)
(b) “Consideration must also be given to any actual or potential
infringement of the privacy of individuals who are not the subject of
the investigation or operation. An application for the acquisition of
communications data should draw attention to any circumstances
which give rise to a meaningful degree of collateral intrusion.” (§2.6)
(c) Further explanation of proportionality at §§2.7-2.8.
(b) The procedure for making an application: at §§3.3-3.6, §§3.56-3.62.
(c) The role of “Designated Persons”:
(a) “Exercise of the powers in the Act to acquire communications data
is restricted to designated persons in relevant public authorities. A
designated person is someone holding a prescribed office, rank or
position with a relevant public authority that has been designated for
the purpose of acquiring communications data by order.” (§2.9)
(b) “The designated person must believe that the conduct required by
any authorisation or notice is necessary. He or she must also believe
that conduct to be proportionate to what is sought to be achieved by
obtaining the specified communications data – that the conduct is no
more than is required in the circumstances. This involves balancing
the extent of the intrusiveness of the interference with an individual’s
right of respect for their private life against a specific benefit to the
investigation or operation being undertaken by a relevant public
authority in the public interest” (§2.5) Further details were given at
§§3.7-3.14.
(d) Provisions concerning disclosure, handling and storage of communications
data: Chapter 7.
Acquisition and Disclosure of Communications Data Code of Practice 2015
56. The Acquisition and Disclosure of Communications Data Code of Practice of
March 2015 (“the 2015 CD Code”) contained similar provisions as to:
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