58
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
necessary for the CSP to comply with the notice or the conduct required by the notice
is no longer proportionate to what was sought to be achieved.
3.59. Reporting the cancellation of a notice to a CSP shall be undertaken by the
designated person directly or, on that person’s behalf, by the public authority’s SPoC.
Where human rights considerations are such that a notice should be cancelled with
immediate effect the designated person or the SPoC will notify the CSP.
3.60. Cancellation of a notice reported to a CSP must:
be undertaken in writing or, if not, in a manner that produces a record of
the notice having been cancelled;
identify, by reference to its unique reference number, the notice being
cancelled; and
record the date and, when appropriate to do so, the time when the notice
was cancelled.
3.61. In cases where the SPoC has initiated the cancellation of a notice and reported
the cancellation to the CSP, the designated person must confirm the decision in
writing for the SPoC or, if not, in a manner that produces a record of the notice having
been cancelled by the designated person. Where the designated person who gave the
notice to the CSP is no longer available, this duty should fall on a person who has
temporarily or permanently taken over the role of the designated person.
3.62. Similarly where a designated person considers an authorisation should cease
to have effect, because the conduct authorised becomes unnecessary or no longer
proportionate to what was sought to be achieved, the authorisation must be
withdrawn. It may be the case that it is the SPoC or the applicant who is first aware
that the authorisation is no longer necessary or proportionate. In such cases the SPoC
(having been contacted by the applicant, where appropriate) may cease the authorised
conduct, and then inform the designated person who granted the authorisation.
3.63. Withdrawal of an authorisation should:
be undertaken in writing or, if not, in a manner that produces a record of it
having been withdrawn;
identify, by reference to its unique reference number, the authorisation
being withdrawn;
record the date and, when appropriate to do so, the time when the
authorisation was cancelled; and
record the name and the office, rank or position held by the designated
person informed of the withdrawal of the authorisation.
3.64. When it is appropriate to do so, a CSP should be advised of the withdrawal of
an authorisation, for example where details of an authorisation have been disclosed to
a CSP.
Urgent oral giving of notice or grant of authorisation
3.65. In exceptionally urgent circumstances, an application for the giving of a
notice or the grant of an authorisation may be made by an applicant, approved by a
designated person and either notice given to a CSP or an authorisation granted orally.
Circumstances in which an oral notice or authorisation may be appropriate include: