CHAPTER 15: RECOMMENDATIONS
(j)
In the case of a bulk communications data warrant, an explanation of why an
authorisation would not be an adequate alternative;
(k)
Where an application is urgent, supporting justification;
(l)
Details of the use that it is proposed to make of the data that is recovered,
including in relation to possible sharing and use in combination with other
datasets;
(m) An assurance that all material recovered will be retained no longer than
necessary, looked at, used or analysed only for certified purposes and in
accordance with the applicable rules, and handled in accordance with the
applicable procedures for minimisation, secure holding and destruction.
46.
When approving a bulk warrant that is sought in whole or in part for the purpose
referred to in Recommendation 28(b) above (national security), and when that
purpose relates to the defence of the UK and/or the foreign policy of the Government,
the Secretary of State should certify:
(a)
that the warrant is required in the interests of the defence and/or foreign policy
of the UK; and
(b)
that it is required for the operation(s) and/or mission purpose(s) identified.
47.
In such cases, the Judicial Commissioner in determining whether to issue the warrant
(Recommendation 48 below) may depart from that certificate only on the basis of the
principles applicable in judicial review.
48.
A bulk warrant should be issued only if it is established to the satisfaction of a Judicial
Commissioner that:
49.
(a)
its purpose and targets are limited by reference to the factors identified in
Recommendations 43 and 44 above;
(b)
it is necessary for one or more of the permitted statutory purposes;
(c)
it is necessary for the mission purpose(s) and/or operation(s) identified;
(d)
in the case of a bulk interception warrant, it is necessary for the warrant to apply
to content as well as communications data;
(e)
the conduct authorised by the warrant is proportionate to what is sought to be
achieved by that conduct; and that
(f)
the assurances regarding the handling, retention, use and destruction of the
intercepted material or acquired data, including in relation to privileged or
confidential material, are satisfactory.
Recommendations 32-38 above should apply also to bulk warrants, save that any
modification to a bulk warrant must be authorised by a Judicial Commissioner.
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