BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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3. Specific safeguards under RIPA
(a) Section 15
72. Pursuant to Section 15(1), it is the duty of the Secretary of State to
ensure, in relation to all interception warrants, that such arrangements are in
force as he considers necessary for securing that the requirements of
subsections (2) and (3) are satisfied in relation to the intercepted material
and any related communications data; and, in the case of warrants in
relation to which there are section 8(4) certificates, that the requirements of
section 16 are also satisfied.
73. Section 15(2) provides:
“The requirements of this subsection are satisfied in relation to the intercepted
material and any related communications data if each of the following–
(a) the number of persons to whom any of the material or data is disclosed or
otherwise made available,
(b) the extent to which any of the material or data is disclosed or otherwise made
available,
(c) the extent to which any of the material or data is copied, and
(d) the number of copies that are made,
is limited to the minimum that is necessary for the authorised purposes.”
74. Section 15(3) provides:
“The requirements of this subsection are satisfied in relation to the intercepted
material and any related communications data if each copy made of any of the
material or data (if not destroyed earlier) is destroyed as soon as there are no longer
any grounds for retaining it as necessary for any of the authorised purposes.”
75. Pursuant to section 15(4), something is necessary for the authorised
purposes if, and only if, it continues to be, or is likely to become, necessary
as mentioned in section 5(3) of the Act (that is, it is necessary in the
interests of national security, for the purpose of preventing or detecting
serious crime; for the purpose of safeguarding the economic well-being of
the United Kingdom; or for the purpose of giving effect to the provisions of
any international mutual assistance agreement); it is necessary for
facilitating the carrying out of any of the interception functions of the
Secretary of State; it is necessary for facilitating the carrying out of any
functions of the Interception of Communications Commissioner or of the
IPT; it is necessary 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 it is necessary
for the performance of any duty imposed on any person under public
records legislation.
76. Section 15(5) requires the arrangements in place to secure
compliance with section 15(2) to include such arrangements as the Secretary