2012 Annual Report of the Interception of Communications Commissioner
Based on the intelligence and operational need,
applicant identifies target / communications
address for interception. Warrant application
completed outlining how the tests of necessity and
proportionality are met.
Warrant application passed to Head of Unit.
Scrutiny of necessity and proportionality balanced
against intelligence requirement.
Warrant application passed to Sponsor
Government Department (e.g. Home Office,
Foreign Office) where staff in the Warrant Issuing
Department check that it meets RIPA criteria.
Senior Official approves case to be put forward to
relevant Secretary of State. Comments from Senior
Official will highlight any specific risks or legal
issues.
Warrant application passed to the Secretary of
State for authorisation. Secretary of State may
request oral briefing or further information.
If satisfied, the Secretary of State will authorise the
warrant for 3 months if serious crime, or 6 months
if national security.
Legal advisors
may on occasion
be consulted.
Commissioner oversees all stages of warrant authorisation process
Figure 2 - The Warrantry Authorisation Process
As detailed in Figure 2, the role of the Secretaries of State as democratically elected individuals
signing off acts which may involve intrusion into the private lives of citizens is very important. It
is clear to me that Secretaries of State spend a substantial amount of time and effort considering
operational merits, necessity, proportionality and wider implications before signing off warrants
that authorise lawful interception.
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