The s. 8(4) regime does not impose any express limit on the number
of external communications which may fall within ‘the description
of communications to which the warrant relates’ in s. 8(4)(a). So in
principle, it authorises the interception of all communications
passing down a bearer or bearers. (§ 2.65).
85.
Section 15 enumerates “general safeguards” requiring “the Secretary of
State to ensure, in relation to all interception warrants” that certain
“arrangements are in force”. Those arrangements relate to storage,
dissemination and destruction of intercepted material.
86.
Section 16 provides “extra safeguards” applying exclusively to s8(4)
warrants. Those safeguards require that “the intercepted material is read,
looked at or listened to…[only] to the extent” that it is not “(a)…referable to
an individual who is known to be for the time being in the British Islands;
and (b) has as its purpose…the identification of material contained in
communications sent by him, or intended for him.” However, s16(3)
provides for an exception where the Secretary of State certifies “(a)…that
the examination of material selected according to factors referable to the
individual in question is necessary as mentioned in subsection 5(3)(a), (b)
or (c); and (b) the material relates only to communications sent during a
period specified in the certificate that is no longer than the permitted
maximum.”
87.
Section 71 requires the Secretary of State to “issue one or more codes of
practice” relating to the interception of communications. The Interception
of Communications Code of Practice was first issued in July 2002. The
current Code of Practice was issued in January 2016 (hereinafter the
“Code of Practice”). In March 2016, the Government published a new draft
Code of Practice.
88.
During the proceedings, the Government provided the Applicants with a
witness statement from Charles Farr (“Farr Witness Statement”), the
38