search criteria to select communications that are likely to be of
intelligence value in accordance with the terms of the Secretary of
State’s certificate. Before a particular communication may be accessed
by an authorised person within the intercepting agency, the person
must provide an explanation of why it is necessary for one of the
reasons set out in the certificate accompanying the warrant issued by
the Secretary of State, and why it is proportionate in the particular
circumstances. This process is subject to internal audit and external
oversight by the Interception of Communications Commissioner.
Where the Secretary of State is satisfied that it is necessary, he or she
may authorise the selection of communications of an individual who
is known to be in the British Islands. In the absence of such an
authorisation, an authorised person must not select such
communications.16
Definition of external communications
6.5. External communications are defined by RIPA to be those
which are sent or received outside the British Islands. They include
those which are both sent and received outside the British Islands,
whether or not they pass through the British Islands in the course of
their transmission. They do not include communications both sent
and received in the British Islands, even if they pass outside the
British Islands en route. For example, an email from a person in
London to a person in Birmingham will be an internal, not external
communication for the purposes of section 20 of RIPA, whether or
not it is routed via IP addresses outside the British Islands, because
the sender and intended recipient are within the British Islands.
16 Section 16(2) of RIPA provides that in the absence of such an authorisation an authorised person must
not select communications for examination by factors referable to an individual known to be in the
British Islands and with the purpose of identifying material contained in communications sent by or
intended for such an individual.
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