Report of the Interception of Communications Commissioner - July 2016
were pleased to note greater emphasis in submissions on the steps (including technical
or other filters) that would be put in place to minimise collateral intrusion, particularly
where the communications identifiers were likely to be used by individuals who were not
of intelligence interest. The recommendations in these areas this year were more precise
and were limited to a small number of the submissions examined, rather than being
broader issues.
Figure 4 Interception recommendations by category
errors
5%
safeguards
7%
cancellation 1%
necessity,
proportionality &
collateral intrusion
27%
audit / inspection
procedures
10%
application
process
50%
authorisation /
implementation
of warrants
12%
LPP or other
sensitive professions
14%
procedures
15%
application templates 7%
thematic warrants 1%
urgent provisions 1%
6.70 Legal professional privilege material or otherwise confidential material
/ sensitive professions. There are special arrangements and safeguards in the Code
of Practice on these matters. Intercepting communications involving legal professional
privilege or confidential journalistic or personal material gives rise to issues under Article
6 (right to a fair trail) of the ECHR and Article 10 (freedom of expression), as well as Article
8 (right to privacy).
6.71 We made a number of recommendations where material subject to legal
professional privilege or otherwise confidential material (such as confidential journalistic
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