BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
Background to the operation in question:
Description of the communications to be intercepted, details of the CSP(s)
and an assessment of the feasibility of the operation where this is relevant;
and
Description of the conduct to be authorised, which must be restricted to the
interception of external communications, or the conduct (including the
interception of other communications not specifically identified by the
warrant as foreseen under section 5(6)(a) of RIPA) it is necessary to
undertake in order to carry out what is authorised or required by the
warrant, and the obtaining of related communications data.
The certificate that will regulate examination of intercepted material;
An explanation of why the interception is considered to be necessary for
one or more of the section 5(3) purposes;
A consideration of why the conduct to be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct;
Where an application is urgent, supporting justification;
An assurance that intercepted material will be read, looked at or listened to
only so far as it is certified and it meets the conditions of
sections 16(2)-16(6) of RIPA; and
An assurance that all material intercepted will be handled in accordance
with the safeguards required by sections 15 and 16 of RIPA (see
paragraphs 7.2 and 7.10 respectively).
Authorisation of a section 8(4) warrant
6.11. Before issuing a warrant under section 8(4), the Secretary of State must
believe the warrant is necessary:
In the interests of national security;
For the purpose of preventing or detecting serious crime; or
For the purpose of safeguarding the economic well-being of the UK so far
as those interests are also relevant to the interests of national security.
6.12. The power to issue an interception warrant for the purpose of safeguarding the
economic well-being of the UK (as provided for by section 5(3)(c) of RIPA), may
only be exercised where it appears to the Secretary of State that the circumstances are
relevant to the interests of national security. The Secretary of State will not issue a
warrant on section 5(3)(c) grounds if a direct link between the economic well-being of
the UK and national security is not established. Any application for a warrant on
section 5(3)(c) grounds should therefore identify the circumstances that are relevant to
the interests of national security.
6.13. The Secretary of State must also consider that the conduct authorised by the
warrant is proportionate to what it seeks to achieve (section 5(2)(b)). In considering
necessity and proportionality, the Secretary of State must take into account whether
the information sought could reasonably be obtained by other means (section 5(4)).
6.14. When the Secretary of State issues a warrant of this kind, it must be
accompanied by a certificate in which the Secretary of State certifies that he or she
considers examination of the intercepted material to be necessary for one or more of
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