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communications data.10 This conduct may include the interception
of other communications not specifically identified by the warrant
as foreseen under section 5(6)(a);
An explanation of why the interception is considered to be
necessary under the provisions of section 5(3);
Consideration of why the conduct to be authorised by the warrant
is proportionate to what is sought to be achieved by that conduct;
Consideration of any collateral intrusion and why that intrusion is
justified in the circumstances;
Whether the communications in question might affect religious,
medical or journalistic confidentiality or legal privilege, or
communications between a Member of Parliament and another
person on constituency business;
Where an application is urgent, the supporting justification;
An assurance that all material intercepted will be handled in
accordance with the safeguards required by section 15 of RIPA (see
paragraph 7.2).
Authorisation of a section 8(1) warrant
5.3. Before issuing a warrant under section 8(1), the Secretary of
State must believe the warrant is necessary:11
• In the interests of national security;
• For the purpose of preventing or detecting serious crime; or
• For the purpose of safeguarding the economic well-being of the
UK, so far as those interests are also relevant to the interests of
national security.
5.4. The Secretary of State will not issue a warrant on section 5(3)(c)
grounds if this direct link between the economic well-being of the
UK and national security is not established. Any application for a
warrant on section 5(3)(c) grounds should therefore explain how, in
10 Section 20 of the Act defines related communications data as being that data (within the meaning
of Part I Chapter II of the Act) as is obtained by, or in connection with, the interception (under
warrant); and relates to the communication to the sender or recipient, or intended recipient of the
communication.
11 A single warrant can be justified on more than one of the grounds listed.
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