Judgment Approved by the court for handing down.
Privacy International v Investigatory Powers Tribunal
(3) The Secretary of State shall not give an authorisation under
this section unless he is satisfied –
(a) that any acts which may be done in reliance on the
authorisation or, as the case may be, the operation in the
course of which the acts may be done will be necessary for the
proper discharge of a function of the Intelligence Service or
GCHQ; and
(b) that there are satisfactory arrangements in force to secure(i) that nothing will be done in reliance on the authorisation
beyond what is necessary for the proper discharge of a
function of the Intelligence Service or GCHQ; and
(ii) that, in so far as any acts may be done in reliance on the
authorisation, their nature and likely consequences will be
reasonable, having regard to the purposes for which they
are carried out; and
(c) that there are satisfactory arrangements in force under
section 2(2)(a) or 4(2)(a) above with respect to the disclosure
of information obtained by virtue of this section and that any
information obtained by virtue of anything done in reliance on
the authorisation will be subject to those arrangements.
(4) Without prejudice to the generality of the power of the
Secretary of State to give an authorisation under this section,
such an authorisation(a) may relate to a particular act or acts, to acts of a
description specified in the authorisation or to acts
undertaken in the course of an operation so specified;
(b) may be limited to a particular person or persons of a
description so specified; and
(c) may be subject to conditions so specified.
(5) An authorisation shall not be given under this section except(a) under the hand of the Secretary of State; or
(b) in an urgent case where the Secretary of State has
expressly authorised it to be given and a statement of that fact
is endorsed on it, under the hand of a senior official.
(6) An authorisation shall, unless renewed under subsection (7)
below, cease to have effect-