EXECUTIVE SUMMARY
Warrants for interception
16.
All warrants should be judicially authorised by a Judicial Commissioner at a new
body: the Independent Surveillance and Intelligence Commission (ISIC).13
17.
Where a warrant is said to be required in the interests of a national security purpose
that relates to the defence and/or foreign policy of the UK, the Secretary of State
should have the power so to certify (and, in the case of a bulk warrant, to certify that
the warrant is required for the operation(s) or mission purpose(s) identified). The
Judicial Commissioner, in determining whether to issue the warrant, should have the
power to depart from that certificate only on the basis of the principles applicable in
judicial review.14
18.
Specific interception warrants may be targeted not only on persons or premises
but (like the existing thematic warrants) on operations. That is subject to the
additional protection that, save where ordered by the Judicial Commissioner, the
addition of persons and premises to the schedule of the warrant must be specifically
authorised by a Judicial Commissioner.15
19.
The warrantry procedure should be streamlined by providing for:
20.
a.
Serious crime warrants, like national security warrants, to be of six months’
duration;16
b.
Renewals to take effect from the expiry of the original warrant;17
c.
Combined warrants for interception, intrusive surveillance and/or property
interference, so long as the conditions for each type of warrant are individually
satisfied.18
Pending a longer-term and more satisfactory solution, the extraterritorial effect in
DRIPA s4 should be maintained.19
Authorisation for acquisition of communications data
21.
Designated persons (DPs) (including in the security and intelligence agencies) should
be required by statute to be independent from the operations and investigations in
relation to which they consider whether to grant an authorisation.20
22.
Single Points of Contact (SPoCs) should be provided for in statute.21
13
Recommendation 22, 14.47-14.57 below.
Recommendations 30 and 46, 14.64-14.66 below.
Recommendations 26-38, 14.60-14.70 below.
Recommendation 37, 14.69 below.
Recommendation 38, 14.70 below.
Recommendation 39, 14.71 below.
Recommendations 24-25, 14.58-14.59 below.
Recommendation 58, 14.80 below.
Recommendation 62, 14.78 below.
14
15
16
17
18
19
20
21
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