E.
Further minimum safeguards
184.
In addition to failing to satisfy the minimum requirements of the six
criteria listed above, the Applicants submit that the s8(4) bulk
interception regime lacks a number of other safeguards which are
necessary
for a communication surveillance regime to satisfy the in
accordance with law requirement. In summary, those safeguards are:
(1)
A requirement to establish a connection between a particular
interception measure and reasonable suspicion that a particular
individual has committed or is committing a criminal offence or is
engaged in acts amounting to a specific threat to national security.
(2)
A requirement for prior judicial independent authorisation of all
interception warrants.
(3)
A requirement to notify individuals whose communications have
been subject to surveillance measures as soon as this can be done
without jeopardising the purpose of the measure.
1.
No requirement for individual reasonable suspicion
185.
Under the s8(4) Regime communications may be initially intercepted,
extracted, filtered, stored, analysed and disseminated without any
requirement for individuals to be individually identified and targeted.
There is also no requirement that there should be a reasonable suspicion
that the sender or recipient of the communication has committed any
offence.
72