that should be made clear in the warrant application and the relevant
agency should confirm that any inadvertently obtained
communications that are subject to legal privilege will be treated in
accordance with the safeguards set out in this chapter and that
reasonable and appropriate steps will be taken to minimise access to
the communications subject to legal privilege.
4.10. Where the intention is to acquire legally privileged
communications, the Secretary of State will only issue the warrant
under section 8(1) if satisfied that there are exceptional and
compelling circumstances that make the authorisation necessary.
Such circumstances will arise only in a very restricted range of cases,
such as where there is a threat to life or limb or to national security,
and the interception is reasonably regarded as likely to yield
intelligence necessary to counter the threat.
4.11. Further, in considering any such application, the Secretary of
State must believe that the proposed conduct is proportionate to what
is sought to be achieved. In particular the Secretary of State must
consider whether the purpose of the proposed interception could be
served by obtaining non-privileged information. In such
circumstances, the Secretary of State will be able to impose additional
conditions such as regular reporting arrangements, so as to be able to
exercise his or her discretion on whether a warrant should continue to
have effect.
4.12. Where there is a renewal application in respect of a warrant
which has resulted in the obtaining of legally privileged material, that
fact should be highlighted in the renewal application.
Selection for examination of legally privileged
section 8(4) material: requirement for prior
approval by independent senior official
4.13. Where material intercepted under section 8(4) is to be selected
for examination according to a factor that is intended, or is likely to,
result in a person acquiring communications subject to legal privilege,
the enhanced procedure described at paragraph 4.14 and 4.15 applies.
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