CHAPTER 6: POWERS AND SAFEGUARDS
persons.” This interpretation of s8(1) was first avowed in the ISC Privacy and Security
Report in March 2015.43
6.43.
Section 8(1) warrants may authorise the interception of communications between two
people in the British Islands, the communications of known individuals who are
communicating outside the British Islands or between two persons overseas.
6.44.
The Interception Code sets out the elements that a s8(1) warrant application must
contain.44 They include:
(a)
the background to the operation in question;
(b)
the person or premises to which the application relates (and how the person or
premises feature in the operation);
(c)
a description of the communications to be intercepted, details of the service
provider(s) and an assessment of the feasibility of the interception operation
where this is relevant;
(d)
a description of the conduct to be authorised or the conduct (including the
interception of other communications not specifically identified by the warrant
as foreseen under RIPA s5(6)(a)) as it is necessary to undertake in order to
carry out what is authorised or required by the warrant, and the obtaining of
related communications data;
(e)
an explanation of why the interception is considered to be necessary under the
provisions of RIPA s5(3);
(f)
a consideration of why the conduct to be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct;
(g)
a consideration of any unusual degree of collateral intrusion and why that
intrusion is justified in the circumstances.
In particular, where the
communications in question might affect religious, medical or journalistic
confidentiality or legal privilege, or communications between a Member of
Parliament and another person on constituency business, this must be specified
in the application;
(h)
where an application is urgent, supporting justification; and
(i)
an assurance that all material intercepted will be handled in accordance with
the safeguards required by RIPA s15.
Bulk warrants
6.45.
43
44
Warrants issued under s8(4), often termed “external” warrants, authorise interception
of communications where one or both of the senders or recipients of a communication
ISC Privacy and Security Report, paras 42-5.
Interception Code, para 4.2.
105