Caroline Lucas MP & Ors v Security Service & Ors
MR JUSTICE BURTON
Approved Judgment
Member of Parliament and another person on
constituency business may be involved.
...
Communications involving
confidential journalistic
material,
confidential
personal
information,
communications between a Member of Parliament and
another person on constituency business.
4.19 Particular consideration must also be given to the
interception of communications that involve confidential
journalistic material, confidential personal information,
or communications between a Member of Parliament and
another person on constituency business. Confidential
journalistic material is explained at paragraph 4.3.
Confidential personal information is information held in
confidence concerning an individual (whether living or
dead) who can be identified from it, and the material in
question relates to his or her physical or mental health or
to spiritual counselling. Such information can include
both oral and written communications. Such information
as described above is held in confidence if it is held is
subject to an express or implied undertaking to hold it in
confidence, or is subject to a restriction on disclosure or
an obligation of confidentiality contained in existing
legislation. For example, confidential personal
information might include consultations between a health
professional and a patient, or information from a
patient’s medical records.
There follow paragraphs dealing with the safeguarding of such confidential
communications.
Chapter 5: Interception warrants (section 8(1))
5.2 . . . Each application [for a section 8(1) warrant]
should contain the following information:
...
Whether the communications in question might affect
religious, medical or journalistic confidentiality or
legal privilege, or communications between a Member
of Parliament and another person on constituency
business.
There is no specific similar provision in Chapter 6: Interception Warrants
(Section 8(4)), given the unlikelihood of the need for any such consideration