20
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
of State considers necessary for securing that every copy of the material or
data that is made is stored, for so long as it is retained, in a secure manner.
77. Pursuant to section 15(6), the arrangements to which section 15(1)
refers are not required to secure that the requirements of section 15(2)
and (3) are satisfied in so far as they relate to any of the intercepted material
or related communications data, or any copy of any such material or data,
possession of which has been surrendered to any authorities of a country or
territory outside the United Kingdom. However, such arrangements are
required to secure, in the case of every such warrant, that possession of the
intercepted material and data and of copies of the material or data is
surrendered to authorities of a country or territory outside the United
Kingdom only if the requirements of section 15(7) are satisfied.
Section 15(7) provides:
“The requirements of this subsection are satisfied in the case of a warrant if it
appears to the Secretary of State–
(a) that requirements corresponding to those of subsections (2) and (3) will apply,
to such extent (if any) as the Secretary of State thinks fit, in relation to any of the
intercepted material or related communications data possession of which, or of any
copy of which, is surrendered to the authorities in question; and
(b) that restrictions are in force which would prevent, to such extent (if any) as the
Secretary of State thinks fit, the doing of anything in, for the purposes of or in
connection with any proceedings outside the United Kingdom which would result in
such a disclosure as, by virtue of section 17, could not be made in the United
Kingdom.”
(b) Section 16
78. Section 16 sets out additional safeguards in relation to the
interception of “external” communications under section 8(4) warrants.
Section 16(1) requires that intercepted material may only be read, looked at
or listened to by the persons to whom it becomes available by virtue of the
warrant if and to the extent that it has been certified as material the
examination of which is necessary as mentioned in section 5(3) of the Act;
and falls within section 16(2). Section 20 defines “intercepted material” as
the contents of any communications intercepted by an interception to which
the warrant relates.
79. Section 16(2) provides:
“Subject to subsections (3) and (4), intercepted material falls within this subsection
so far only as it is selected to be read, looked at or listened to otherwise than
according to a factor which–
(a) is referable to an individual who is known to be for the time being in the
British Islands; and
(b) has as its purpose, or one of its purposes, the identification of material
contained in communications sent by him, or intended for him.”