MR JUSTICE BURTON
Approved Judgment
Caroline Lucas MP & Ors v Security Service & Ors
where the communications in question might
affect religious, medical or journalistic
confidentiality or legal privilege, this must be
specified in the application.
There is a similar provision in Chapter 5: Interception Warrants (Section 8(4))
under paragraph 5.2.
ii)
The Draft Code
Chapter 4: Special rules on interception with a Warrant:
Collateral intrusion
4.1 Consideration should be given to any interference
with the privacy of individuals who are not the subject of
the
intended
interception,
especially
where
communications relating to religious, medical,
journalistic or legally privileged material may be
involved, or where communications between a Member of
Parliament and another person on constituency business
may be involved. An application for an interception
warrant should state whether the interception is likely to
give rise to a degree of collateral infringement of privacy.
A person applying for an interception warrant must also
consider measures, including the use of automated
systems, to reduce the extent of collateral intrusion.
Where it is possible to do so, the application should
specify those measures. These circumstances and
measures will be taken into account by the Secretary of
State when considering a warrant application made
under s.8(1) of RIPA. Should an interception operation
reach the point where individuals other than the subject
of the authorisation are identified as investigative targets
in their own right, consideration should be given to
applying for separate warrants covering those
individuals.
Confidential information
4.2 Particular consideration should also be given in cases
where the subject of the interception might reasonably
assume a high degree of privacy, or where confidential
information is involved. This includes where the
communications relate to legally privileged material;
where confidential journalistic material may be involved;
where interception might involve communications
between a medical professional or minister of religion
and an individual relating to the latter’s health or
spiritual welfare; or where communications between a