The section 16 safeguards
7.11. Section 16 provides for additional safeguards in relation to
intercepted material gathered under section 8(4) warrants, requiring
that the safeguards:
• Ensure that intercepted material is read, looked at or listened to
by any person only to the extent that the intercepted material is
certified; and
• Regulate the use of selection factors that refer to the
communications of individuals known to be currently in the British
Islands.
7.12. In addition, any individual selection of intercepted material must
be proportionate in the particular circumstances (given section 6(1)
of the Human Rights Act 1998).
7.13. The certificate ensures that a selection process is applied to
material intercepted under section 8(4) warrants so that only material
described in the certificate is made available for human examination
(in the sense of being read, looked at or listened to). No official is
permitted to gain access to the data other than as permitted by the
certificate.
7.14. In general, automated systems must, where technically possible,
be used to effect the selection in accordance with section 16(1) of
RIPA. As an exception, a certificate may permit intercepted material
to be accessed by a limited number of specifically authorised staff
without having been processed or filtered by the automated systems.
Such access may only be permitted to the extent necessary to
determine whether the material falls within the main categories to be
selected under the certificate, or to ensure that the methodology being
used remains up to date and effective. Such checking must itself be
necessary on the grounds specified in section 5(3) of RIPA. Once
those functions have been fulfilled, any copies made of the material
for those purposes must be destroyed in accordance with section
15(3) of RIPA. Such checking by officials should be kept to an
absolute minimum; whenever possible, automated selection
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