Report of the Interception of Communications Commissioner - March 2015
the code of practice). An urgent warrant lasts for 5 working days unless it is renewed by
the Secretary of State (section 9(6)(a)).
6.19 Interception warrants may be issued subject to the provisions of either section
8(1) or section 8(4) of RIPA 2000.
6.20 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 and any association or combination of persons.
6.21 An application for 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 person or premises constituting the subject of the application;
a description of the communications to be intercepted;
an explanation of why the interception is necessary under section 5(3);
an explanation of why the conduct is proportionate;
consideration of any unusual degree of collateral intrusion, not least if the
communications might be privileged or confidential; and
an assurance that all intercepted material will be handled in accordance with
the safeguards required by section 15 of RIPA 2000.
6.22 Section 8(1) warrants have to comprise one or more schedules with details designed
to tell the relevant CSPs or other persons providing assistance what communications
they are required to intercept (section 8(2)).
6.23 Section 8(4) interception warrants. Section 8(4) warrants are only for the
interception of external communications, namely those sent or received outside of the
British Islands (section 20). A section 8(4) warrant does not have to name or describe
a person as the interception subject or a single set of premises as the target of the
interception.
6.24
The circumstances in which a section 8(4) warrant may be issued are that:
•
•
the communications to be intercepted are limited to external communications
and their related communications data; and
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)) as mentioned in
sections 5(3)(a), (b), or (c).
6.25 By virtue of section 8(5)(b) an interception warrant may also authorise other conduct
as described in section 5(6). Such conduct includes the interception of communications
22
@iocco_oversight