IPCO Annual Report 2018
Authorities need to have a good understanding of the relevant provisions to ensure that they
are able to properly obtain LPP material in the restricted circumstances provided by the law.
Retention of items subject to legal professional privilege
3.7
A total of 77 applications were made to IPCO in relation to the retention of LPP material. Of
those, 76 were approved.
Confidential journalistic material and sources of journalistic information
3.8
The IPA also includes safeguards for confidential journalistic material and sources of
journalistic information. Applications under the IPA will state whether it is the purpose
of the application to obtain confidential journalistic material or to identify sources of
journalistic material and whether it is likely that such material will be obtained. In all cases,
we would expect the application to consider the necessity and proportionality of obtaining
the anticipated intelligence in the context of the European Convention of Human Rights
(ECHR) Article 10, which protects freedom of speech.
3.9
In addition, the CoP set out additional protections for sensitive professions, including
journalists (for example paras 8.8-8.44 of the Communications Data CoP). We examine the
handling arrangements in place at each organisation to ensure that these safeguards are
met. Again, given the small numbers involved, we were able to examine a high proportion
of casework in relation to confidential material.
3.10
Our inspections confirmed that the safeguards in place at each authority in relation to
journalistic material were adequate and that any access to this confidential material was
properly considered and authorised. In 2018, six applications were made for warrants
under the IPA where the purpose was to obtain material which the intercepting agency
believed would relate to journalistic confidential material. In all cases, the JCs were satisfied
that the case for obtaining confidential material met the relevant threshold under the IPA.
3.11
In December 2018, Professor Tim Crook contacted us to request additional information
relating to the use of investigatory powers to obtain data relating to journalists. Whilst we
were able to provide some of the information that Professor Crook requested, it was not
possible to provide the information in full as this would have been prejudicial to national
security and the ongoing functions of the public bodies overseen by IPCO.
3.12
As shown at Annex D, 203 communications data requests were made in relation to an individual
of journalistic profession.On the basis of our inspections, we are satisfied that in the majority
of these cases, the application related to the protection of a witness or victim, for example in
the case of harassment of an individual who falls into one of these professions. However, we
recognise that the statistics we produce in this area could be clearer and we will, therefore,
work with the relevant public authorities on improving these for future reports.
Additional safeguards for health records
3.13
The intelligence agencies may apply for a specific Bulk Personal Data (BPD) warrant to
retain and examine a dataset which includes heath records. Any such applications are
subject to an additional safeguard in that the case for retention and examination must
be judged by the Secretary of State to be exceptional and compelling. We are unable to
publish any details of whether, and to what extent, this power was used in 2018.
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