Communications involving confidential journalistic
material, confidential personal information and
communications between a Member of Parliament
and another person on constituency business
4.26. Particular consideration must also be given to the interception of
communications that involve confidential journalistic material,
confidential personal information, or communications between a
Member of Parliament and another person on constituency business.
Confidential journalistic material is explained at paragraph 4.3.
Confidential personal information is information held in confidence
concerning an individual (whether living or dead) who can be
identified from it, and the material in question relates to his or her
physical or mental health or to spiritual counselling. Such information
can include both oral and written communications. Such information
as described above is held in confidence if it is held subject to an
express or implied undertaking to hold it in confidence, or is subject
to a restriction on disclosure or an obligation of confidentiality
contained in existing legislation. For example, confidential personal
information might include consultations between a health
professional and a patient, or information from a patient’s medical
records.
4.27. Spiritual counselling is defined as conversations between an
individual and a Minister of Religion acting in his or her official
capacity, and where the individual being counselled is seeking, or the
Minister is imparting, forgiveness, absolution or the resolution of
conscience with the authority of the Divine Being(s) of their faith.
4.28. Where the intention is to acquire confidential personal
information, the reasons should be clearly documented and the
specific necessity and proportionality of doing so should be carefully
considered. If the acquisition of confidential personal information is
likely but not intended, any possible mitigation steps should be
considered and, if none is available, consideration should be given to
whether special handling arrangements are required within the
intercepting agency.
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