CHAPTER 15: RECOMMENDATIONS
the requirements set out in Recommendations 56 and 57 below to make major
modifications to a specific interception warrant on the basis that such modifications
are then notified promptly to the Judicial Commissioner. The circumstances in which
this could be appropriate should be specified in a Code of Practice and might include,
for example, (1) urgent or fast moving cases, and (2) cases in which the interference
with privacy is always likely to be small, or to be consistent across possible targets.
35.
Provision should be made for minor modifications (e.g. the addition of a new
telephone number for an existing target) to be made, after consideration of the
implications if any for privacy, collateral intrusion and proportionality, by a DP meeting
the requirements set out in Recommendations 56 and 57 below.
36.
A Judicial Commissioner should have the power to cancel a specific interception
warrant at any time, if it appears to the Judicial Commissioner that one or more of the
conditions for its issue are no longer satisfied.
37.
Specific interception warrants should have a duration of six months. The Judicial
Commissioner who issues the warrant should have a discretion to require that it be
reviewed by a Judicial Commissioner at a specified time before its expiry.
38.
Warrant renewals should take effect from the date of expiry of the warrant (as
currently under RIPA Part I Chapter 2) rather than from the date of renewal (as
currently under RIPA Part I Chapter 1).
Combined warrants
39.
Combined warrants should be subject to the same rules as interception warrants,
save that:
(a)
They may authorise, in the context of a given operation, more than one of (1)
interception, (2) intrusive surveillance and (3) property interference.
(b)
They must explain why the conditions for each type of warrant are satisfied,
and why it is necessary and proportionate for a combined warrant to be issued.
Bulk Warrants
40.
Only the Director General of MI5, the Chief of MI6 and the Director of GCHQ, in each
case with the approval of the Secretary of State, should be eligible to apply for bulk
warrants.
41.
The restrictions in Recommendation 27 should not apply to bulk warrants.
42.
There should be two types of bulk warrant:
(a)
bulk interception warrants, which would allow content
communications data to be obtained; and
(b)
bulk communications data warrants, which would allow only communications
data to be obtained.
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and related