BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
7.19. In order to meet the requirements of RIPA described in paragraph 6.3 above,
where a selection factor refers to an individual known to be for the time being in the
British Islands, and has as its purpose or one of its purposes, the identification of
material contained in communications sent by or intended for him or her, a
submission must be made to the Secretary of State, or to a senior official in an urgent
case, giving an explanation of why an amendment to the section 8(4) certificate in
relation to such an individual is necessary for a purpose falling within section 5(3) of
RIPA and is proportionate in relation to any conduct authorised under section 8(4) of
RIPA.
7.20. The Secretary of State must ensure that the safeguards are in force before any
interception under section 8(4) warrants can begin. The Interception of
Communications Commissioner is under a duty to review the adequacy of the
safeguards.
...
8. DISCLOSURE TO ENSURE FAIRNESS IN CRIMINAL PROCEEDINGS
...
Exclusion of matters from legal proceedings
8.3. The general rule is that neither the possibility of interception, nor intercepted
material itself, plays any part in legal proceedings. This rule is set out in section 17 of
RIPA, which excludes evidence, questioning, assertion or disclosure in legal
proceedings likely to reveal the existence (or the absence) of a warrant issued under
this Act (or the Interception of Communications Act 1985). This rule means that the
intercepted material cannot be used either by the prosecution or the defence. This
preserves ‘equality of arms’ which is a requirement under Article 6 of the ECHR.
...
10. OVERSIGHT
10.1. RIPA provides for an Interception of Communications Commissioner, whose
remit is to provide independent oversight of the use of the powers contained within
the warranted interception regime under Chapter I of Part I of RIPA.
10.2. The Commissioner carries out biannual inspections of each of the nine
interception agencies. The primary objectives of the inspections are to ensure that the
Commissioner has the information he or she requires to carry out his or her functions
under section 57 of RIPA and produce his or her report under section 58 of RIPA.
This may include inspection or consideration of:
The systems in place for the interception of communications;
The relevant records kept by the intercepting agency;
The lawfulness of the interception carried out; and
Any errors and the systems designed to prevent such errors.
10.3. Any person who exercises the powers in RIPA Part I Chapter I must report to
the Commissioner any action that is believed to be contrary to the provisions of RIPA
or any inadequate discharge of section 15 safeguards. He or she must also comply
with any request made by the Commissioner to provide any such information as the
Commissioner requires for the purpose of enabling him or her to discharge his or her
functions.”
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