12. RULES FOR REQUESTING AND
HANDLING UNANALYSED INTERCEPTED
COMMUNICATIONS FROM A FOREIGN
GOVERNMENT
Application of this chapter
12.1. This chapter applies to those intercepting agencies that
undertake interception under a section 8(4) warrant.
Requests for assistance other than in accordance
with an international mutual assistance agreement
12.2. A request may only be made by an intercepting agency to the
government of a country or territory outside the UK for unanalysed
intercepted communications (and associated communications data),
otherwise than in accordance with an international mutual assistance
agreement, if either:
• A relevant interception warrant under RIPA has already been
issued by the Secretary of State, the assistance of the foreign
government is necessary to obtain the particular communications
because they cannot be obtained under the relevant RIPA
interception warrant and it is necessary and proportionate for the
intercepting agency to obtain those communications; or
• Making the request for the particular communications in the
absence of a relevant RIPA interception warrant does not amount
to a deliberate circumvention of RIPA or otherwise frustrate
the objectives of RIPA (for example, because it is not technically
feasible to obtain the communications via RIPA interception), and
it is necessary and proportionate for the intercepting agency to
obtain those communications.
12.3. A request falling within the second bullet of paragraph 12.2 may
only be made in exceptional circumstances and must be considered
and decided upon by the Secretary of State personally.
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