Investigatory Powers Commissioner’s Annual Report 2019
• key national leads on equipment interference, in order to assist law enforcement bodies
more generally to better understand the thematic warrant requirements as set out in the
IPA and the Code of Practice for Equipment Interference.
Definition: Thematic warrants
Thematic warrants are warrants that have more than one subject. There are two types of
thematic warrant:
• The first individually names/describes all the subjects. Any additional subjects can only be
added by a modification. For law enforcement bodies these require prior approval by a
Judicial Commissioner, or retrospective approval if the modification is urgent.
• The second does not individually name/describe each subject, because this is not reasonably
practicable. In relation to this second type of warrant, the authority does not need to add
subjects by modification: action may be taken against a person, organisation or piece of
equipment (depending on the type of thematic warrant in question) falling within the
general description of the subjects.
Example: Thematic warrants
An example of such a general description could be “members of the media wing of a [named]
terrorist organisation”.
If such a description was used in a thematic warrant covering a group of persons which shares
a common purpose, the authority could conduct specific actions authorised under the warrant
against members of that organisation, although they have not been individually named on the
warrant, as long as they are assessed to be members of the organisation named on the warrant.
The Codes of Practice give guidance as to the circumstances in which it may be appropriate to
provide a general description of the subjects of the warrant.
2.35
JCs will continue to scrutinise applications and renewals for thematic warrants. Our
inspections in 2020 will focus on thematic warrants, both in relation to modifications that
are made to them and the activity conducted by the force. This process will give us a good
level of assurance that the thematic provisions are being used well and appropriately
throughout law enforcement.
Appeals to the IPC
2.36
If a JC refuses to approve the application for a warrant, the requesting authority may ask
the IPC to review the decision and decide whether to overturn the refusal. During 2019
there were no appeals to the IPC in relation to refusals by a JC of a warrant application.
Technical capability notices (TCNs), national security notices (NSNs), and
communications data retention notices
2.37
The IPA introduced the power for the Secretary of State to issue notices to communications
service providers and UK companies to assist public bodies and agencies working under
the Act. These provisions consolidated existing arrangements and established a clear
mechanism for authorising this activity. The JCs perform the double lock function, ensuring
that each notice given is necessary and the actions required of the company or operator
are proportionate to the stated aims of the work.
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