CHAPTER 15: RECOMMENDATIONS
76.
Any receipt of intercepted material or communications data from third countries
should be on the basis of clearly-defined safeguards, published save insofar as is
necessary for the purposes of national security and monitored by ISIC, including a
warrant governing any intercepted material that is sought (ISC Report,
Recommendations QQ-TT).
77.
Any transfer of intercepted material or communications data to third countries should
be on the basis of clearly-defined safeguards, published save insofar as is necessary
for the purposes of national security and monitored by ISIC.
78.
The new law should make it clear that neither receipt nor transfer as referred to in
Recommendations 76-77 above should ever be permitted or practised for the
purpose of circumventing safeguards on the use of such material in the UK.
Use of material recovered under bulk warrants
79.
Content that is acquired pursuant to a bulk interception warrant and that relates to a
communication involving a person believed to be in the UK should be made available
to be read, looked at or listened to only on the basis of a specific interception warrant
issued by a Judicial Commissioner (Recommendations 26-38 above): cf. in part ISC
Report, Recommendations Q and R.
80.
The new law should in addition provide for appropriately rigorous and rights-compliant
procedures for the purposes of authorising access to:
(a)
content that is acquired pursuant to a bulk warrant and that does not relate to
a communication involving a person believed to be in the UK; and
(b)
(if Recommendation 42(b) is adopted), communications data that are obtained
pursuant to a bulk warrant.
Intercept as evidence
81.
The bar in RIPA s17 on using intercepted material as evidence in legal proceedings
(recently endorsed after lengthy consideration in Cm 8989) did not form part of this
Review. Consideration should however be given to adding to the list of exceptions in
RIPA s18, without prejudice to any other possible additions, proceedings before (1)
the Parole Commissioners for Northern Ireland and (2) the Sentence Review
Commissioners in Northern Ireland.
OVERSIGHT AND REVIEW
Independent Surveillance and Intelligence Commission
82.
The Interception of Communications Commissioner’s Office (IOCCO), the Office of
Surveillance Commissioners (OSC) and the Intelligence Services Commissioner
(ISCommr) (the current Commissioners) should be replaced by a new Independent
Surveillance and Intelligence Commission (ISIC).
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