BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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describe the conduct which is authorised and describe the communications
data to be acquired by that conduct specifying, where relevant, any historic
or future date(s) and, where appropriate, time period(s);
specify the purpose for which the conduct is authorised, by reference to a
statutory purpose under section 22(2) of RIPA;
specify the office, rank or position held by the designated person granting
the authorisation. The designated person should also record their name (or
designation) on any authorisation they grant; and
record the date and, when appropriate to do so, the time when the
authorisation was granted by the designated person.
...
3.40. At the time of giving a notice or granting an authorisation to obtain specific
traffic data or service use data, a designated person may also authorise, to the extent
necessary and proportionate at that time, the consequential acquisition of specific
subscriber information relating to the traffic data or service use data to be obtained.
This is relevant where there is a necessary and proportionate requirement to identify
with whom a person has been in communication, for example:
to identify with whom a victim was in contact, within a specified period,
prior to their murder;
to identify, where the target of an investigation or operation has been
observed to make several calls from a public pay phone, the recipient of
those calls;
to identify a person making unlawful and unwarranted demands (as in the
case of kidnap, extortion and blackmail demands and threats of violence);
and
where a victim or a witness has identified a specific communication or
communications and corroboration of facts may reveal a potential offender
or other witness.
3.41. At the time of giving a notice or granting an authorisation to obtain specific
traffic data, a designated person may also authorise, to the extent necessary and
proportionate at that time, the consequential acquisition of traffic data or service use
information. This is relevant where there is a necessary and proportionate requirement
to identify a person from the traffic data to be acquired, and the means to do so
requires the CSP or another CSP to query their traffic data or service use information,
for example:
the CSP does not collect information about the customer within their
customer information system but retains it in its original form as traffic
data (such as a MAC or IMEI or an IP address); or
where evidence or intelligence indicates there are several CSPs involved in
routing a communication and there is a requirement to establish the
recipient of the communication.
3.42. It is the duty of the senior responsible officer to ensure that the designated
person, applicant or other person makes available to the SPoC such information as the
senior responsible officer thinks necessary to ensure the integrity of any requirements
for the acquisition of subscriber information to be obtained directly upon the