techniques should be used instead. Checking will be kept under
review by the Interception of Communications Commissioner during
his or her inspections.
7.15. Material gathered under a section 8(4) warrant should be read,
looked at or listened to only by authorised persons who receive
regular mandatory training regarding the provisions of RIPA and
specifically the operation of section 16 and the requirements of
necessity and proportionality. These requirements and procedures
must be set out in internal guidance provided to all authorised persons
and the attention of all authorised persons must be specifically
directed to the statutory safeguards. All authorised persons must be
appropriately vetted (see paragraph 7.10 for further information).
7.16. Prior to an authorised person being able to read, look at or listen
to material, a record22 should be created setting out why access to the
material is required consistent with, and pursuant to, section 16 and
the applicable certificate, and why such access is proportionate.
Save where the material or automated systems are being checked as
described in paragraph 7.14, the record must indicate, by reference to
specific factors, the material to which access is being sought and
systems should, to the extent possible, prevent access to the material
unless such a record has been created. The record should include any
circumstances that are likely to give rise to a degree of collateral
infringement of privacy, and any measures taken to reduce the extent
of the collateral intrusion. All records must be retained for the
purposes of subsequent examination or audit.
7.17. Access to the material as described in paragraph 7.15 must be
limited to a defined period of time, although access may be renewed.
If access is renewed, the record must be updated with the reason for
the renewal. Systems must be in place to ensure that if a request for
renewal is not made within that period, then no further access will be
granted. When access to the material is no longer sought, the reason
for this must also be explained in the record.
22 Any such record should be made available to the Commissioner on request for purposes of oversight.
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