BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
warrant must also consider measures, including the use of automated systems, to
reduce the extent of collateral intrusion. Where it is possible to do so, the application
should specify those measures. These circumstances and measures will be taken into
account by the Secretary of State when considering a warrant application made under
section 8(1) of RIPA. Should an interception operation reach the point where
individuals other than the subject of the authorisation are identified as investigative
targets in their own right, consideration should be given to applying for separate
warrants covering those individuals.
Confidential information
4.2. Particular consideration should also be given in cases where the subject of the
interception might reasonably assume a high degree of privacy, or where confidential
information is involved. This includes where the communications relate to legally
privileged material; where confidential journalistic material may be involved; where
interception might involve communications between a medical professional or
Minister of Religion and an individual relating to the latter’s health or spiritual
welfare; or where communications between a Member of Parliament and another
person on constituency business may be involved.
4.3. Confidential journalistic material includes material acquired or created for the
purposes of journalism and held subject to an undertaking to hold it in confidence, as
well as communications resulting in information being acquired for the purposes of
journalism and held subject to such an undertaking. See also paragraphs 4.26
and 4.28 – 4.31 for additional safeguards that should be applied in respect of
confidential journalistic material.
...
Communications involving confidential journalistic material, confidential
personal information and communications between a Member of Parliament and
another person on constituency business
4.26. Particular consideration must also be given to the interception of
communications that involve confidential journalistic material, confidential personal
information, or communications between a Member of Parliament and another person
on constituency business. Confidential journalistic material is explained at
paragraph 4.3. Confidential personal information is information held in confidence
concerning an individual (whether living or dead) who can be identified from it, and
the material in question relates to his or her physical or mental health or to spiritual
counselling. Such information can include both oral and written communications.
Such information as described above is held in confidence if it is held subject to an
express or implied undertaking to hold it in confidence, or is subject to a restriction on
disclosure or an obligation of confidentiality contained in existing legislation. For
example, confidential personal information might include consultations between a
health professional and a patient, or information from a patient’s medical records.
...
4.28. Where the intention is to acquire confidential personal information, the
reasons should be clearly documented and the specific necessity and proportionality
of doing so should be carefully considered. If the acquisition of confidential personal
information is likely but not intended, any possible mitigation steps should be
considered and, if none is available, consideration should be given to whether special
handling arrangements are required within the intercepting agency.
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