CHAPTER 6: POWERS AND SAFEGUARDS
(c)
the nature and extent of proposed interference;
(d)
what the operation is expected to deliver;
(e)
details of collateral intrusion;
(f)
whether confidential or legally privileged material will be obtained;
(g)
details of the offence or suspect offence;
(h)
how the authorisation criteria are met;
(i)
what measures will be put in place to ensure proportionality is maintained (e.g.
filtering, disregarding personal information);
(j)
where it is an urgent application, the supporting justification;
(k)
any action which may be necessary to install, modify or remove software on the
equipment; and
(l)
in the case of renewal, the results obtained so far.33
6.29.
The Secretary of State must be satisfied, before authorising the application, that it is
necessary and proportionate, take into account whether the information could be
obtained by other means and be satisfied that there are satisfactory arrangements in
force in respect of disclosure of any information obtained.34
6.30.
Once the information is obtained, there must be internal arrangements in force
concerning the use of those data. The disclosure, copying and retention of those data
must be limited to the minimum necessary for the discharge of the Services’ functions.
Those internal arrangements should be made available to the ISCommr. The material
obtained, and all copies, should be destroyed as soon as they are no longer needed
for the discharge of the Services’ functions.35
6.31.
The Draft Equipment Interference Code sets out substantial additional protections for
legally privileged and confidential information. If the interference is intended to obtain
such information, the application should say so expressly.36 If it is likely that such
material will be acquired, inadvertently, the application should identify the steps which
will be taken to mitigate the risk of acquiring it and to ensure that any information
acquired does not become used in law enforcement investigations or criminal
prosecutions. Where acquisition of legally privileged material is likely or the intended
result of the interference, the warrant will only be issued in “exceptional and compelling
circumstances.”37
33
34
35
36
37
Draft Equipment Interference Code, para 4.6.
Ibid., para 4.7.
Ibid., para 6.10.
Ibid., para 3.5
Ibid., paras 3.5-3.7.
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