CHAPTER 15: RECOMMENDATIONS
A bulk interception warrant should never be applied for, approved or authorised in
circumstances where a bulk communications data warrant would suffice.
43.
The purposes for which a bulk warrant is sought should be:
(a)
limited to the permitted statutory purposes (Recommendation 28 above);
(b)
in lieu of the certificate provided for by RIPA s8(4)(b)), limited to one or more
specific operations or mission purposes (e.g. “attack planning by ISIL in
Iraq/Syria against the UK”).
44.
Bulk interception warrants should, in addition, be required to be targeted at the
recovery of intercepted material comprising the communications of persons believed
to be outside the UK at the time of those communications. It should be determined
(if Recommendation 42(b) is adopted) whether an analogous restriction is necessary
or desirable in relation to bulk communications data warrants.
45.
Applications for bulk warrants should contain the following information:
(a)
The specific operation(s) or mission purpose(s) in respect of which they are
sought;
(b)
Description of the communications to be intercepted or acquired, details of the
CSP(s) and an assessment of the feasibility of the interception or acquisition;
(c)
Description of the conduct to be authorised, or the conduct it is necessary to
undertake in order to carry out what is authorised or required by the warrant;
(d)
A statement specifying both the statutory purpose(s) and, as precisely as
possible, the operations or mission purposes in relation to which material is
sought;
(e)
An explanation, backed by evidence, of why the interception or acquisition is
considered to be necessary for one or more of the permitted statutory purposes
and for the operations or mission purposes identified;
(f)
An explanation of why any likely intrusion into privacy is proportionate to what
is sought to be achieved by that conduct, explaining why less intrusive
alternatives have not been or would not be as effective;
(g)
Consideration of any collateral intrusion and why that intrusion is justified in the
circumstances;
(h)
Whether the application could result in acquisition of material or data that is
privileged or confidential material, and if so what protections it is proposed will
be applied;
(i)
In the case of a bulk interception warrant, an explanation of why a bulk
communications data warrant would not be an adequate alternative;
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