144
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
Furthermore, regular audits are carried out which must include checks to
ensure that the records requesting access to material have been compiled
correctly, and that the material requested falls within the matters certified by
the Secretary of State (see paragraph 7.18 of RIPA, at paragraph 90 above).
363. With regard to the storage of intercepted material, paragraph 7.7 of
the IC Code requires that prior to its destruction, it must be stored securely
and must not be accessible to persons without the required level of security
clearance (see paragraph 90 above).
364. In light of the foregoing, and subject to its conclusions at
paragraph 347 and 357 above, the Court would accept that the provisions
relating to the storing, accessing, examining and using intercepted data are
sufficiently clear.
- Procedure to be followed for communicating the intercepted data to other
parties
365. While material is being stored, section 15(2) of RIPA and
paragraphs 7.2 of the IC Code require that the following are limited to the
minimum necessary for the “authorised purposes”: the number of persons to
whom the material or data is disclosed or made available; the extent to
which the material or data is disclosed or made available; the extent to
which the material or data is copied; and the number of copies that are made
(see paragraphs 72-77 and 90 above). Pursuant to section 15(4) and
paragraph 7.2 of the IC Code, something is necessary for the authorised
purposes if, and only if, it continues to be, or is likely to become, necessary
for the purposes mentioned in section 5(3) of RIPA; for facilitating the
carrying out of any of the interception functions of the Secretary of State;
for facilitating the carrying out of any functions of the Interception of
Communications Commissioner or of the IPT; to ensure that a person
conducting a criminal prosecution has the information he needs to determine
what is required of him by his duty to secure the fairness of the prosecution;
or for the performance of any duty imposed on any person under public
records legislation (see paragraphs 72-77 and 90 above).
366. Paragraph 7.3 of the IC Code prohibits disclosure to persons who
have not been appropriately vetted and also by the need-to-know principle:
intercepted material must not be disclosed to any person unless that person’s
duties, which must relate to one of the authorised purposes, are such that he
or she needs to know about the intercepted material to carry out those duties
(see paragraph 90 above). In the same way, only so much of the intercepted
material may be disclosed as the recipient needs. Paragraph 7.3 applies
equally to disclosure to additional persons within an agency, and to
disclosure outside the agency. Pursuant to paragraph 7.4, it also applies not
just to the original interceptor, but also to anyone to whom the intercepted
material is subsequently disclosed (see paragraph 90 above).