30
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
update of the matters outlined in paragraph 6.10 above. In particular, the applicant
must give an assessment of the value of interception to date and explain why it is
considered that interception continues to be necessary for one or more of the purposes
in section 5(3), and why it is considered that interception continues to be
proportionate.
6.23. Where the Secretary of State is satisfied that the interception continues to
meet the requirements of RIPA, the Secretary of State may renew the warrant. Where
the warrant is issued on serious crime grounds, the renewed warrant is valid for a
further three months. Where it is issued on national security/economic well-being
grounds the renewed warrant is valid for six months. These dates run from the date of
signature on the renewal instrument.
6.24. In those circumstances where the assistance of CSPs has been sought, a copy
of the warrant renewal instrument will be forwarded to all those on whom a copy of
the original warrant instrument has been served, providing they are still actively
assisting. A renewal instrument will include the reference number of the warrant or
warrants being renewed under this single instrument.
Warrant cancellation
6.25. The Secretary of State must cancel an interception warrant if, at any time
before its expiry date, he or she is satisfied that the warrant is no longer necessary on
grounds falling within section 5(3) of RIPA. Intercepting agencies will therefore need
to keep their warrants under continuous review and must notify the Secretary of State
if they assess that the interception is no longer necessary. In practice, the
responsibility to cancel a warrant will be exercised by a senior official in the warrant
issuing department on behalf of the Secretary of State.
6.26. The cancellation instrument will be addressed to the person to whom the
warrant was issued (the intercepting agency). A copy of the cancellation instrument
should be sent to those CSPs, if any, who have given effect to the warrant during the
preceding twelve months.
Records
6.27. The oversight regime allows the Interception of Communications
Commissioner to inspect the warrant application upon which the Secretary of State’s
decision is based, and the interception agency may be required to justify the content.
Each intercepting agency should keep the following to be made available for scrutiny
by the Commissioner as he or she may require:
All applications made for warrants complying with section 8(4), and
applications made for the renewal of such warrants;
All warrants and certificates, and copies of renewal and modification
instruments (if any);
Where any application is refused, the grounds for refusal as given by the
Secretary of State;
The dates on which interception started and stopped.
6.28. Records should also be kept of the arrangements for securing that only
material which has been certified for examination for a purpose under section 5(3) and
which meets the conditions set out in section 16(2) – 16(6) of RIPA in accordance
with section 15 of RIPA is, in fact, read, looked at or listened to. Records should be
kept of the arrangements by which the requirements of section 15(2) (minimisation of