Judgment Approved by the court for handing down.
Privacy International v Investigatory Powers Tribunal
We remain in discussion to find a way to do so but I am anxious
to ensure that they are not missing intelligence opportunities
which might endanger national security.
I made five recommendations at each of the intelligence agencies
and warrantry units in relation to what might be termed thematic
property warrants.
(1) for any warrants which might be considered to be thematic
to be highlighted in the list provided for my selection;
(2) the terms of a warrant and the submission must always be
such as to enable the Secretary of State to assess the necessity
and proportionality;
(3) the assessment to proportionality and necessity should not
be delegated;
(4) property warrants should be as narrow as possible but
circumstances where time constraints and national security
dictate may allow a more broadly drawn ”thematic” warrant;
and
(5) as the agencies and the Secretary of State have made clear
to me is the case, thematic or broadly drawn warrants should
not be asked for simply for administrative convenience.”
The Investigatory Powers Act 2016
16.
The Investigatory Powers Act 2016 creates a new regime for the authorisation of
warrants for certain purposes. Sections 99, 101 and 102 provide for “targeted equipment
interference warrants”. Section 99(2) defines a targeted equipment interference warrant
as one which authorises or requires the addressee to secure interference with any
equipment for the purpose of obtaining communications, equipment data or any other
information. Section 101(1) provides:“(1) A targeted equipment interference warrant may relate to any
one or more of the following matters—
(a) equipment belonging to, used by or in the possession of a
particular person or organisation;
(b) equipment belonging to, used by or in the possession of a
group of persons who share a common purpose or who carry
on, or may carry on, a particular activity;
(c) equipment belonging to, used by or in the possession of
more than one person or organisation, where the interference
is for the purpose of a single investigation or operation;
(d) equipment in a particular location;