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IPCO Annual Report 2017
7. Interception
Definition and process
7.1
IPA targeted interception warrants and bulk interception warrants replace warrants under
s.8(1) and (4) RIPA. Whilst this chapter relates to interception undertaken during 2017 under
RIPA (IPA interception warrantry had not commenced), for ease of reference we use the IPA
terminology of ‘targeted’ and ‘bulk’ in this chapter.
7.2
Interception occurs when the content of a communication is collected during transmission by
someone who is not the intended recipient or sender. Examples of content include exchanges
during a telephone conversation or the text of an email or letter.
7.3
A limited number of public authorities were allowed to carry out interception under s.8(1)
and (4) RIPA. The RIPA interception code of practice (CoP) gave detailed guidance on the
use of these powers. Interception warrants cover broad aspects of the interception of
communications. This includes acquiring the content of the communication and obtaining
related communications data and communications which are not identified in the warrant
but which, for technical reasons, are inevitably intercepted as part of the process of
intercepting the targeted communications.
7.4
A Secretary of State can issue a warrant in response to an application from the Director General
MI5, the Chief of SIS, the Director of GCHQ, the Director General of the NCA (on behalf of the
NCA or police forces for serious crime), the Metropolitan Police Commissioner (for counter
terrorism), the Chief Constable of the Police Service of Northern Ireland (PSNI), the Chief
Constable of Police Scotland, HMRC Commissioners and the Chief of Defence Intelligence.
7.5
This means that four Secretaries of State and one Scottish Minister consider most
requests for interception warrants. They are the Home Secretary, the Foreign Secretary,
the Secretary of State for Northern Ireland, the Cabinet Secretary for Justice for Scotland,
and the Defence Secretary.
7.6
The interception must be necessary for one or more of the following:
• in the interests of national security;
• to prevent or detect serious crime;
• safeguarding the economic well-being of the United Kingdom; or
• in circumstances equivalent to those in which the Secretary of State would issue a serious
crime warrant for implementing an international mutual assistance agreement.