KENNEDY v. THE UNITED KINGDOM JUDGMENT
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A consideration of any unusual degree of collateral intrusion and why that
intrusion is justified in the circumstances. In particular, where the
communications in question might affect religious, medical or journalistic
confidentiality or legal privilege, this must be specified in the application.
Where an application is urgent, supporting justification should be provided.
An assurance that all material intercepted will be handled in accordance with
the safeguards required by section 15 of the Act.”
c. Safeguards
42. Section 15 RIPA is entitled “Restrictions on use of intercepted
material etc.” and provides, insofar as relevant to internal communications,
as follows:
“(1) ... it shall be the duty of the Secretary of State to ensure, in relation to all
interception warrants, that such arrangements are in force as he considers necessary
for securing–
(a) that the requirements of subsections (2) and (3) are satisfied in relation to the
intercepted material and any related communications data;
...
(2) The requirements of this subsection are satisfied in relation to the intercepted
material and any related communications data if each of the following–
(a) the number of persons to whom any of the material or data is disclosed or
otherwise made available,
(b) the extent to which any of the material or data is disclosed or otherwise made
available,
(c) the extent to which any of the material or data is copied, and
(d) the number of copies that are made,
is limited to the minimum that is necessary for the authorised purposes.
(3) The requirements of this subsection are satisfied in relation to the intercepted
material and any related communications data if each copy made of any of the
material or data (if not destroyed earlier) is destroyed as soon as there are no longer
any grounds for retaining it as necessary for any of the authorised purposes.
(4) For the purposes of this section something is necessary for the authorised
purposes if, and only if–
(a) it continues to be, or is likely to become, necessary as mentioned in section 5(3);
...