BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
In terms of browsing the Internet, if an individual reads the Washington Post’s
website, then they have ‘communicated’ with a web server located overseas, and that
is therefore an external communication.
In terms of social media, if an individual posts something on Facebook, because the
web server is based overseas, this would be treated as an external communication.
In terms of cloud storage (for example, files uploaded to Dropbox), these would be
treated as external communications, because they have been sent to a web server
overseas.”
3. Specific safeguards under RIPA
(a) Section 15
77. Pursuant to Section 15(1), it was the duty of the Secretary of State to
ensure, in relation to all interception warrants, that such arrangements were
in force as he or she considered necessary for securing that the requirements
of subsections (2) and (3) were satisfied in relation to the intercepted
material and any related communications data; and, in the case of warrants
in relation to which there were section 8(4) certificates, that the
requirements of section 16 were also satisfied.
78. Section 15(2) provided:
“The requirements of this subsection are satisfied in relation to the intercepted
material and any related communications data if each of the following–
a.
the number of persons to whom any of the material or data is disclosed or
otherwise made available,
b.
the extent to which any of the material or data is disclosed or otherwise
made available,
c.
the extent to which any of the material or data is copied, and
d.
the number of copies that are made,
is limited to the minimum that is necessary for the authorised purposes.”
79. Section 15(3) provided:
“The requirements of this subsection are satisfied in relation to the intercepted
material and any related communications data if each copy made of any of the
material or data (if not destroyed earlier) is destroyed as soon as there are no longer
any grounds for retaining it as necessary for any of the authorised purposes.”
80. Pursuant to section 15(4), something was necessary for the
authorised purposes if, and only if, it continued to be, or was likely to
become, necessary as mentioned in section 5(3) of the Act (that is, it was
necessary in the interests of national security, for the purpose of preventing
or detecting serious crime; for the purpose of safeguarding the economic
well-being of the United Kingdom (so far as those interests are also relevant
to the interests of national security – see paragraphs 3.5 and 6.11 of the IC
Code at paragraph 96 below); or for the purpose of giving effect to the
provisions of any international mutual assistance agreement); it was
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