44
IPCO Annual Report 2017
Issuing
7.25
Interception warrants have to be considered personally by a Secretary of State, including
in urgent cases, and he or she will sign the warrant.35 An urgent warrant is valid for five days
unless it is renewed by the Secretary of State.
7.26
The Secretary of State will consider whether a warrant is necessary for one of the permitted
statutory purposes and proportionate to what is sought to be achieved by the activity
described in it. Consideration will be given to the likely level of intrusion and whether the
information sought could reasonably be obtained by less intrusive means.
Renewals
7.27
Interception warrants are valid for six months where the statutory purpose is national
security or economic well-being, or three months where the statutory purpose is serious
crime.36 Unless they are renewed, the warrants will cease to have effect at the end of that
period. The Secretary of State may personally renew an interception warrant before the end
of its period of validity only if he or she believes it continues to be necessary for a statutory
purpose. Applications for renewals must justify the necessity for renewal and provide an
assessment of the intelligence value thus far of the interception. Renewals take effect from
the date on which the Secretary of State signs the renewal instrument.
Cancellations
7.28
The Secretary of State must cancel an interception warrant if it is no longer necessary for
the authorised purpose. In practice this means the interception agencies keep their warrants
under continuous review and apply to cancel any warrant when it is no longer necessary.
The senior official in the WGD cancels warrants on the Secretary of State’s behalf.
Safeguards
7.29
Strict safeguards ensure the minimum necessary disclosure and/or copying of intercepted
material for the purpose authorised. Every copy of intercepted material or related
communications data is destroyed as soon as there are no longer grounds for retaining
it for any of the authorised purposes.
Safeguards relating to the examination of bulk material
7.30
The code of practice imposes additional safeguards for bulk warrants. The material should
only be examined to the extent that is necessary for a statutory purpose and it should not
relate to an individual who is known to be in the British Islands.
7.31
It follows that a bulk warrant does not generally permit the selection of communications of
someone in the British Islands for examination. But the legislation permits the examination
of material acquired under a bulk warrant relating to the communications of a person in
the British Islands if the Secretary of State has certified that it is necessary for a statutory
purpose for a specific period (not more than six months for national security and three
months for serious crime or economic well-being). Since any such certification has to relate
to an individual, it is broadly equivalent to a targeted warrant. This type of material may
35 In urgent cases, where the Secretary of State is not present, warrants can be signed by a senior official on the verbal authority of the
Secretary of State.
36 All interception warrants under IPA will be valid for six months.