BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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3.49. In giving notice a designated person may only require a CSP to disclose the
communications data to the designated person or to a specified person working within
the same public authority. This will normally be the public authority’s SPoC.
3.50. Ordinarily the CSP should disclose, in writing or electronically, the
communications data to which a notice relates not later than the end of the period of
ten working days from the date the notice is served upon the CSP.
Duration of authorisations and notices
3.51. An authorisation or notice becomes valid on the date upon which
authorisation is granted or notice given. It is then valid for a maximum of one month.
This means the conduct authorised should have been commenced or the notice served
within that month.
3.52. All authorisations and notices should refer to the acquisition or disclosure of
data relating to a specific date(s) or period(s). Any period should be clearly indicated
in the authorisation or notice. The start date and end date should be given, and where a
precise start and end time are relevant these must be specified. Where the data to be
acquired or disclosed is specified as ‘current’, the relevant date should be taken to be
the date on which the authorisation was granted or the notice given by the designated
person. There can be circumstances when the relevant date or period cannot be
specified other than ‘the last transaction’ or ‘the most recent use of the service’.
3.53. Where an authorisation or a notice relates to the acquisition or obtaining of
specific data that will or may be generated in the future, the future period is restricted
to no more than one month from the date upon which the authorisation was granted or
the notice given.
3.54. Designated persons should specify the shortest possible period of time for any
authorisation or notice. To do otherwise would impact on the proportionality of the
authorisation or notice and impose an unnecessary burden upon the relevant CSP(s).
Renewal of authorisations and notices
3.55. Any valid authorisation or notice may be renewed for a period of up to one
month by the grant of a further authorisation or the giving of a further notice. A
renewed authorisation or notice takes effect upon the expiry of the authorisation or
notice it is renewing.
3.56. Renewal may be appropriate where there is a continuing requirement to
acquire or obtain data that will or may be generated in the future. The reasoning for
seeking renewal should be set out by an applicant in an addendum to the application
upon which the authorisation or notice being renewed was granted or given.
3.57. Where a designated person is granting a further authorisation or giving a
further notice to renew an earlier authorisation or notice, the designated person
should:
have considered the reasons why it is necessary and proportionate to
continue with the acquisition of the data being generated; and
record the date and, when appropriate to do so, the time when the
authorisation or notice is renewed.
Cancellation of notices and withdrawal of authorisations
3.58. A designated person who has given notice to a CSP under section 22(4) of
RIPA shall cancel the notice if, at any time after giving the notice, it is no longer