2013 Annual Report of the Interception of Communications Commissioner

interception. It does not have to have a schedule setting out specific factors identifying
the communications to be intercepted.
6.5.30 The circumstances in which a section 8(4) warrant may be issued are that:
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the communications to be intercepted are limited to external communications
and their related communications data;
external communications are communications sent or received outside the
British Islands (section 20);
the warrant may also comprise communications not identified in the warrant
whose interception is necessary in order to do what the warrant expressly
authorises (section 8(5));
in addition to the warrant, the Secretary of State has to give a certificate
describing certain of the intercepted material and certifying that the Secretary
of State considers that the examination of this described material is necessary
for one or more of the statutory purposes (section 8(4)b)), which are;
◦◦ in the interests of national security,
◦◦ for the purpose of preventing or detecting serious crime,
◦◦ for the purpose of safeguarding the economic well-being of the United
Kingdom.

6.5.31 The intercepted material which may be examined in consequence is limited to
that described in a certificate issued by the Secretary of State. The examination has to
be certified as necessary for a Part I Chapter I statutory purpose. Examination of material
for any other purpose would be unlawful.
6.5.32 Section 15 safeguards apply. The safeguards in section 15 which apply to all
interception warrants apply equally to section 8(4) warrants – see paragraphs 6.5.22 to
6.5.25. In particular, section 15(3) requires that each copy of intercepted material and any
related communications data is destroyed as soon as there are no longer grounds for
retaining it as necessary for any of the authorised purposes.
6.5.33 Extra safeguards for section 8(4) warrants. There are extra safeguards in
section 16 for section 8(4) warrants and certificates. Parts of section 16 are in convoluted
language and style. I will summarise the relevant bits as clearly as I may.
6.5.34 The section 8(4) intercepted material may only be examined to the extent that its
examination:
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•

has been certified as necessary for a Part I Chapter I statutory purpose, and
does not relate to the content of communications of an individual who is
known to be for the time being in the British Islands.

6.5.35 Thus a section 8(4) warrant does not generally permit communications of

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