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Investigatory Powers Commissioner’s Annual Report 2019
3.10
As shown at Annex D, 116 targeted communications data requests were made in relation
to an individual of journalistic profession, whilst 15 were made to identify or confirm a
journalistic source. More information is provided below in paragraph 3.14.
3.11
Numbers of authorisations in the second category, journalistic material, will always be
substantially smaller and all applications have been subject to the double lock. As with
other authorisations, it must be necessary and proportionate to conduct the proposed
interference or interception and so the test that must be satisfied is no different. However,
we expect additional consideration to be given to the sensitive material that may be
obtained and to the public interest in safeguarding freedom of the press in order to satisfy
the threshold in this context. We would also expect applications to give some consideration
to how confidential material will be handled and the extent to which this material is
expected to be relevant to the investigation.
Example: confidential journalistic material
For example, if a journalist was being investigated for their involvement in a serious crime,
it may be necessary and proportionate to intercept the relevant communications but not
necessary to review their professional communications other than to identify them and
disregard them from the investigation.
We would therefore expect the intercepting agency to make provisions to disregard or dispose
of that material for the duration of the interception. This would not be the case, however, if the
journalist was using professional communications for the furtherance of serious crime.
3.12
Under RIPA Codes of Practice, applications to conduct surveillance and use CHIS where
there is a likelihood of obtaining journalistic material must be subject to an additional
level of internal scrutiny. The enhanced procedures for obtaining confidential information
include requiring the request to be authorised at a more senior level. We would expect any
relevant applications to include details of how this sensitive material will be protected.
3.13
In 2019, 17 applications were made for warrants under the IPA where the purpose was
to obtain material which the intercepting agency believed would relate to confidential
journalistic material. In all cases, the JCs were satisfied that the case for obtaining
confidential material was well made and the proposed activity was necessary and
proportionate. Only one application was made for the acquisition of communications data
which was expected to include confidential journalistic material in 2019.
3.14
The third category relates to the identification of journalistic sources. Journalistic sources
are protected in the IPA and we expect applications to identify these by to be rare.
Applications relating to journalistic sources might either be for warrants, which would be
considered by a JC, or for communications data under section 77 of the IPA, which will also
be subject to judicial consideration. Under section 77, the JC must have consideration to
the public interest in protecting a source of journalistic material. There was one warrant
application to identify a journalistic source and 15 other applications were considered
under section 77 in 2019.
Communications data requests relating to sensitive professions
3.15
In 2018, we noted that the statistics for applications relating to sensitive professions
could be clearer and that we would work with the authorities we oversee to improve the
presentation of these figures. We expect, based on the level of training received by these