Report of the Interception of Communications Commissioner - 2016
Secretary of State weighs up the necessity of engaging in potentially intrusive conduct with
the amount and degree of intrusion. The judgment considers whether the information could
reasonably be obtained by less intrusive means. This is explicit for interception (section 5(4)).
Interception Warrants
All interception warrants authorise the interception of communications (access to
content) and the acquisition of related communications data. Section 5(6)(a) provides
that interception extends to cover communications which are not identified in the
warrant but which for technical reasons must be intercepted in order to intercept the
communication that has been authorised.
Applications for interception warrants should contain the information included in
paragraph 5.2 or 6.10 of the Code of Practice. For example, they should contain detailed
explanations and supporting information including specific reference to privacy, to help
the Secretary of State assess the merits of the application.
Interception warrants have an initial duration of 6 months where the statutory purpose
is national security or economic well-being, but 3 months where the statutory purpose is
serious crime (section 9(6)). Beyond this point, it is unlawful to continue the interception
without renewing the warrant.
The Secretary of State may renew an interception warrant before it expires if they believe
that it continues to be necessary for a statutory purpose (section 9(2) and paragraphs
5.15 and 6.23 of the Code of Practice). Applications for renewals must justify the necessity
for renewal, giving an assessment of the intelligence value of the interception to date.
Renewal takes effect from the date on which the Secretary of State signs the renewal
instrument.
The Secretary of State is required to cancel an interception warrant if they think that it is
no longer necessary for the authorised purpose (section 9(3) and paragraphs 5.17 and
6.25 of the Code of Practice). This means that the interception agencies should keep their
warrants under continuous review and cancel any warrant that is no longer necessary.
In practice, the responsibility to cancel a warrant is exercised by a senior official in the
warrant-granting department on behalf of the Secretary of State.
In urgent cases, a warrant may be issued by a senior official under the expressed
authorisation of a Secretary of State (section 7(1)(b), 7(2)(a) and paragraph 5.6 and 6.16
of the Code of Practice). An urgent warrant lasts for 5 working days unless it is renewed
by the Secretary of State (section 9(6)(a)).
Interception warrants may be issued subject to the provisions of either section 8(1) or
section 8(4) of the Act.
Section 8(1) interception warrants must name or describe either (a) one person as
the interception subject; or (b) a single set of premises as the premises to which the
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