BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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“(a) in the interests of national security;
(b) for the purpose of preventing or detecting crime or of preventing disorder;
(c) in the interests of the economic well-being of the United Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health;
(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition,
contribution or charge payable to a government department;
(g) for the purpose, in an emergency, of preventing death or injury or any damage
to a person’s physical or mental health, or of mitigating any injury or damage to a
person’s physical or mental health; or
(h) for any purpose (not falling within paragraphs (a) to (g)) which is specified for
the purposes of this subsection by an order made by the Secretary of State.”
113. He must also believe that obtaining the data is proportionate to
what is sought to be achieved.
114. Section 23 requires that the authorisation or notice be granted in
writing or, if not, in a manner which produces a record of it having been
granted. It must also describe the conduct authorised, the communications
data to be obtained or disclosed, set out the grounds on which it is believed
necessary to grant the authorisation or give the notice, and specify the
office, rank or position of the person giving the authorisation.
115. Authorisations under section 22(3) and notices under section 22(4)
last for one month, but may be renewed at any time before the expiry of that
period.
116. The person who has given a notice under section 22(4) may cancel
it if he is satisfied that it is no longer necessary for one of the specified
grounds, or it is no longer proportionate to what is sought to be achieved.
2. The Acquisition and Disclosure of Communications Data: Code of
Practice
117. The Acquisition and Disclosure of Communications Data: Code of
Practice, issued under section 71 RIPA and last updated in 2015, provides,
as relevant:
“1 INTRODUCTION
1.1. This code of practice relates to the powers and duties conferred or imposed
under Chapter II of Part I of the Regulation of Investigatory Powers Act 2000
(‘RIPA’). It provides guidance on the procedures to be followed when acquisition of
communications data takes place under those provisions. This version of the code
replaces all previous versions of the code.
1.2. This code applies to relevant public authorities within the meaning of RIPA:
those listed in section 25 or specified in orders made by the Secretary of State under
section 25.