BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
communications via RIPA interception), and it is necessary and
proportionate for the intercepting agency to obtain those communications.
12.3. A request falling within the second bullet of paragraph 12.2 may only be
made in exceptional circumstances and must be considered and decided upon by the
Secretary of State personally.
12.4. For these purposes, a ‘relevant RIPA interception warrant’ means one of the
following: (i) a section 8(1) warrant in relation to the subject at issue; (ii) a
section 8(4) warrant and an accompanying certificate which includes one or more
‘descriptions of intercepted material’ (within the meaning of section 8(4)(b) of RIPA)
covering the subject’s communications, together with an appropriate section 16(3)
modification (for individuals known to be within the British Islands); or (iii) a
section 8(4) warrant and an accompanying certificate which includes one or more
‘descriptions of intercepted material’ covering the subject’s communications (for
other individuals).
Safeguards applicable to the handling
communications from a foreign government
of
unanalysed
intercepted
12.5. If a request falling within the second bullet of paragraph 12.2 is approved by
the Secretary of State other than in relation to specific selectors, any communications
obtained must not be examined by the intercepting agency according to any factors as
are mentioned in section 16(2)(a) and (b) of RIPA unless the Secretary of State has
personally considered and approved the examination of those communications by
reference to such factors.1
12.6. Where intercepted communications content or communications data are
obtained by the intercepting agencies as set out in paragraph 12.2, or are otherwise
received by them from the government of a country or territory outside the UK in
circumstances where the material identifies itself as the product of an interception,
(except in accordance with an international mutual assistance agreement), the
communications content and communications data must be subject to the same
internal rules and safeguards that apply to the same categories of content or data when
they are obtained directly by the intercepting agencies as a result of interception under
RIPA.
12.7. All requests in the absence of a relevant RIPA interception warrant to the
government of a country or territory outside the UK for unanalysed intercepted
communications (and associated communications data) will be notified to the
Interception of Communications Commissioner.”
C. Acquisition of communications data
117. Chapter II of Part 1 of RIPA set out the framework under which
public authorities could acquire communications data from
Communications Service Providers (“CSPs”).
1 All other requests within paragraph 12.2 (whether with or without a relevant RIPA
interception warrant) will be made for material to, from or about specific selectors (relating
therefore to a specific individual or individuals). In these circumstances the Secretary of
State will already therefore have approved the request for the specific individual(s) as set
out in paragraphs [sic.] 12.2.
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