(a) Necessity and proportionality: see §2.1; §§2.6-2.9. However, more detailed
guidance on necessity and proportionality was given at §§2.36-2.45.
(b) The procedure for making an application: §§3.3-3.6.
(c) Designated Persons: §2.10; §3.7ff.
(d) Disclosure, handling and storage of communications data: Chapter 7.
57. Guidance was also given in the 2015 CD Code about Communications Data
involving specified professions: §3.72-§3.84.
Interception of Communications Codes of Practice (2002 and 2016)
58. GCHQ has throughout the periods under consideration as a matter of policy
applied the appropriate safeguards set out in the Interception of
Communications Code of Practice 2002 and, subsequently, the Interception of
Communications Code of Practice 2016, to all operational data, including
BCD obtained under s.94 directions. Those Codes of Practice included
provisions as to:
(a) Necessity and proportionality in relation to
(a) Applications for and the granting of warrants: 2016 Code, §3.5§3.7, §5.2-§5.5, §6.9-§6.11, §6.13.
(b) Renewal/cancellation of warrants: 2016 Code, §3.21; §5.14; §5.17;
§6.22.
(b) Requirement to consider potential collateral intrusion: 2016 Code, §4.1;
(c) Safeguards in respect of disclosure, handling, copying and retention of
material (2016 Code, §7.3, §7.5-§7.6, §7.9); storage and destruction (2016
Code, §6.8, §7.8).
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