6.12. The power to issue an interception warrant for the purpose of
safeguarding the economic well-being of the UK (as provided for by
section 5(3)(c) of RIPA), may only be exercised where it appears to
the Secretary of State that the circumstances are relevant to the
interests of national security. The Secretary of State will not issue a
warrant on section 5(3)(c) grounds if a 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 identify the circumstances that are relevant to the
interests of national security.
6.13. The Secretary of State must also consider that the conduct
authorised by the warrant is proportionate to what it seeks to achieve
(section 5(2)(b)). In considering necessity and proportionality, the
Secretary of State must take into account whether the information
sought could reasonably be obtained by other means (section 5(4)).
6.14. When the Secretary of State issues a warrant of this kind, it must
be accompanied by a certificate in which the Secretary of State
certifies that he or she considers examination of the intercepted
material to be necessary for one or more of the section 5(3) purposes.
The purpose of the statutory certificate is to ensure that a selection
process is applied to intercepted material so that only material
described in the certificate is made available for human examination.
Any certificate must broadly reflect the “Priorities for Intelligence
Collection” set by the NSC for the guidance of the intelligence
agencies. For example, a certificate might provide for the examination
of material providing intelligence on terrorism (as defined in the
Terrorism Act 2000) or on controlled drugs (as defined by the Misuse
of Drugs Act 1971). The Interception of Communications
Commissioner must review any changes to the descriptions of
material specified in a certificate.
6.15. The Secretary of State has a duty to ensure that arrangements are
in force for securing that only that material which has been certified
as necessary for examination for a section 5(3) purpose, and which
meets the conditions set out in section 16(2) to section 16(6) is, in
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