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BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
“descriptions of intercepted material” covering the subject’s communications (for
other individuals).
Safeguards applicable to the handling
communications from a foreign government
of
unanalysed
intercepted
12.5. If a request falling within the second bullet of paragraph 12.2 is approved by
the Secretary of State other than in relation to specific selectors, any communications
obtained must not be examined by the intercepting agency according to any factors as
are mentioned in 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.
12.6. Where intercepted communications content or communications data are
obtained by the intercepting agencies as set out in paragraph 12.2, or are otherwise
received by them from the government of a country or territory outside the UK in
circumstances where the material identifies itself as the product of an interception,
(except in accordance with an international mutual assistance agreement), the
communications content and communications data must be subject to the same
internal rules and safeguards that apply to the same categories of content or data when
they are obtained directly by the intercepting agencies as a result of interception under
RIPA.
12.7. All requests in the absence of a relevant RIPA interception warrant to the
government of a country or territory outside the UK for unanalysed intercepted
communications (and associated communications data) will be notified to the
Interception of Communications Commissioner.”
C. Acquisition of communications data
1. Chapter II of RIPA
110. Chapter II of Part 1 of RIPA sets out the framework under which
public authorities may acquire communications data from CSPs.
111. Pursuant to section 22, authorisation for the acquisition of
communications data from CSPs is granted by a “designated person”, being
a person holding such office, rank or position with relevant public
authorities as are prescribed by an order made by the Secretary of State. The
designated person may either grant authorisation for persons within the
same “relevant public authority” as himself to “engage in conduct to which
this Chapter applies” (authorisation under section 22(3)), or he may, by
notice to the CSP, require it to either disclose data already in its possession,
or to obtain and disclose data (notice under section 22(4)). For the purposes
of section 22(3), “relevant public authorities” includes a police force, the
National Crime Agency, Her Majesty’s Revenue and Customs, any of the
intelligence services, and any such public authority as may be specified by
an order made by the Secretary of State.
112. Section 22(2) further provides that the designated person may only
grant an authorisation under section 22(3) or give a notice under
section 22(4) if he believes it is necessary for one of the following grounds: