2011 Annual Report of the Interception of Communications Commissioner
Figure 1 - The Warrantry Authorisation Process
Authorisation paperwork commenced.
Warrants passed to Head of Unit
Scrutiny is undertaken of the necessity and
proportionality and underpinning intelligence need
for the warrant. An assessment is also made as to
whether the information could be gained through
other less intrusive means.
Warrants passed on to Sponsor Government
Department (e.g. Home Office) whose staff check
it meets RIPA criteria.
If case approved by senior official it is put forward
to Secretary of State with comments of senior
officials highlighting risks and legal issues.
Warrant passed to Secretary of State for signature.
Secretary of State may request oral briefing or
further information. If satisfied Secretary of State
signs warrants for 3 months for serious crime, and
6 months for national security.
Legal advisors
are often
consulted
Commissioner oversees all stages of authorisation of warrants
Based on intelligence and operational need, desk
officer identifies target for potential interception
warrant.
As detailed in Figure 1, the role of the Secretaries of State and Scottish Ministers as democratically
elected individuals signing off acts which may involve intrusion into the private lives of citizens
is very important. It is clear to me that Secretaries of State and the Scottish Ministers spend a
substantial amount of time and effort considering operational merits, necessity, proportionality
and wider implications before signing off warrants that authorise lawful interception.
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