2013 Annual Report of the Interception of Communications Commissioner
and related communications data.
3.13 All interception warrants may comprise communications not identified in the
warrant whose interception is necessary in order to do what the warrant expressly
authorises (section 5(6)). These are communications which you cannot technically avoid
intercepting if you are going to intercept the communications which the warrant expressly
authorises.
3.14 All applications for warrants have to be in writing and usually cover several pages.
The Secretaries of State have available to them in the applications detailed supporting
information including specific sections directed to the protection of privacy.
3.15 Interception warrants have an initial duration of 6 months where the statutory
purpose is national security or economic wellbeing of the United Kingdom, but 3 months
where the statutory purpose is serious crime (section 9(6)). They cease to have effect at
the end of the period unless they are renewed.
3.16 An interception warrant may be renewed at the end of the relevant period by the
Secretary of State personally, but only if the Secretary of State believes that it continues
to be necessary for a statutory purpose (section 9(2) and paragraphs 4.13 and 4.14 of
the Code of Practice). Applications for renewals have to contain details justifying the
necessity for renewal giving an assessment of the intelligence value of the interception
to date.
3.17 The Secretary of State is required to cancel an interception warrant if he or she
is satisfied that it is no longer necessary for the authorised purpose (section 9(3) and
paragraph 4.16 of the Code of Practice). This in practice means that the interception
agency should apply for cancellation of a warrant that is no longer necessary.
3.18 Exceptionally a warrant may be issued in an urgent case by a senior official if it
is expressly authorised by a Secretary of State (section 7(1)(b), 7(2)(a) and paragraph 4.6
of the Code of Practice). An urgent warrant lasts for 5 days unless it is renewed by the
Secretary of State (section 9(6)(a)).
3.19 Section 8(1) interception warrants must name or describe either (a) one person
as the interception subject, or (b) a single set of premises as the premises to which the
permitted interception relates (section 8(1) itself). The definition of “person” in section
81(1) includes any organisation or any association or combination of persons, but that
does not detract from the individuality of the required warrant definition.
3.20 A section 8(1) warrant should contain the details required by paragraph 4.2 of the
Code of Practice. The required details include:
•
•
•
the background of the operation,
the relevant person or premises the subject of the application;
the communications to be intercepted;
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