BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
163
section 16(2)(a) and (b) of RIPA unless the Secretary of State has personally
considered and approved the examination of those communications by
reference to such factors (see paragraph 110 above).
435. In light of the foregoing, the Court would accept that the provisions
relating to the storing, accessing, examining and using such material are
sufficiently clear.
(δ) Procedure to be followed for communicating the material obtained to
other parties
436. As with material intercepted directly pursuant to a RIPA warrant
(see paragraphs 365-367 above), disclosure of material obtained from
foreign intelligence agencies must be limited to the minimum necessary for
the “authorised purposes” mentioned in section 5(3) of RIPA. In addition,
disclosure to persons who have not been appropriately vetted is prohibited
and material may only be disclosed to a person whose duties, which must
relate to one of the authorised purposes, are such that he or she needs to
know about the material to carry out those duties. In the same way, only so
much of the intercepted material may be disclosed as the recipient needs.
437. Section 19(3), (4) and (5) of the CTA further provide that
information obtained by MI5 and MI6 for the purposes of any of their
functions may be disclosed by them for the purpose of the proper discharge
of their functions; in the interests of national security; for the purpose of the
prevention or detection of serious crime; or for the purpose of any criminal
proceedings. Information obtained by GCHQ may be disclosed by it for the
purpose of the proper discharge of its functions or for the purpose of any
criminal proceedings (see paragraphs 104-105 above).
438. Moreover, a member of the intelligence services commits an
offence under section 1(1) of the OSA if without lawful authority he
discloses any information, document or other article relating to security or
intelligence which is, or has been, in his possession by virtue of his position
as a member of any of those services (see paragraph 107 above).
439. In light of the foregoing, the Court would also accept that the
provisions relating to the procedure to be followed for communicating the
material obtained to other parties are sufficiently clear.
(ε) The circumstances in which the material obtained must be erased or
destroyed
440. Section 15(3) of RIPA and paragraph 7.8 of the IC Code require
that every copy (together with any extracts and summaries) be destroyed
securely as soon as retention is no longer necessary for any of the
section 5(3) purposes (see paragraphs 74 and 90 above).