BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
the section 5(3) purposes. The purpose of the statutory certificate is to ensure that a
selection process is applied to intercepted material so that only material described in
the certificate is made available for human examination. Any certificate must broadly
reflect the ‘Priorities for Intelligence Collection’ set by the NSC for the guidance of
the intelligence agencies. For example, a certificate might provide for the examination
of material providing intelligence on terrorism (as defined in the Terrorism Act 2000)
or on controlled drugs (as defined by the Misuse of Drugs Act 1971). The Interception
of Communications Commissioner must review any changes to the descriptions of
material specified in a certificate.
6.15. The Secretary of State has a duty to ensure that arrangements are in force for
securing that only that material which has been certified as necessary for examination
for a section 5(3) purpose, and which meets the conditions set out in section 16(2) to
section 16(6) is, in fact, read, looked at or listened to. The Interception of
Communications Commissioner is under a duty to review the adequacy of those
arrangements.
Urgent authorisation of a section 8(4) warrant
6.16. RIPA makes provision (section 7(l)(b)) for cases in which an interception
warrant is required urgently, yet the Secretary of State is not available to sign the
warrant. In these cases the Secretary of State will still personally authorise the
interception but the warrant is signed by a senior official, following discussion of the
case between officials and the Secretary of State. RIPA restricts the issue of warrants
in this way to urgent cases where the Secretary of State has personally and expressly
authorised the issue of the warrant (section 7(2)(a)), and requires the warrant to
contain a statement to that effect (section 7(4)(a)).
6.17. A warrant issued under the urgency procedure lasts for five working days
following the date of issue unless renewed by the Secretary of State, in which case it
expires after three months in the case of serious crime or six months in the case of
national security or economic well-being, in the same way as other section 8(4)
warrants.
Format of a section 8(4) warrant
6.18. Each warrant is addressed to the person who submitted the application. A
copy may then be served upon such providers of communications services as he or she
believes will be able to assist in implementing the interception. CSPs will not
normally receive a copy of the certificate. The warrant should include the following:
A description of the communications to be intercepted;
The warrant reference number; and
Details of the persons who may subsequently modify the certificate
applicable to the warrant in an urgent case (if authorised in accordance with
section 10(7) of RIPA).
Modification of a section 8(4) warrant and/or certificate
6.19. Interception warrants and certificates may be modified under the provisions of
section 10 of RIPA. A warrant may only be modified by the Secretary of State or, in
an urgent case, by a senior official with the express authorisation of the Secretary of
State. In these cases a statement of that fact must be endorsed on the modifying
instrument, and the modification ceases to have effect after five working days
following the date of issue unless it is endorsed by the Secretary of State.
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