12.4. For these purposes, a “relevant RIPA interception warrant”
means one of the following: (i) a section 8(1) warrant in relation to
the subject at issue; (ii) a section 8(4) warrant and an accompanying
certificate which includes one or more “descriptions of intercepted
material” (within the meaning of section 8(4)(b) of RIPA) covering
the subject’s communications, together with an appropriate section
16(3) modification (for individuals known to be within the British
Islands); or (iii) a section 8(4) warrant and an accompanying
certificate which includes one or more “descriptions of intercepted
material” covering the subject’s communications (for other
individuals).
Safeguards applicable to the handling of unanalysed
intercepted communications from a foreign
government
12.5. If a request falling within the second bullet of paragraph 12.2 is
approved by the Secretary of State other than in relation to specific
selectors, any communications obtained must not be examined by the
intercepting agency according to any factors as are mentioned in
section 16(2)(a) and (b) of RIPA unless the Secretary of State has
personally considered and approved the examination of those
communications by reference to such factors.24
12.6. Where intercepted communications content or communications
data are obtained by the intercepting agencies as set out in paragraph
12.2, or are otherwise received by them from the government of a
country or territory outside the UK in circumstances where the
material identifies itself as the product of an interception, (except in
accordance with an international mutual assistance agreement), the
communications content 25 and communications data26 must be subject
24 All other requests within paragraph 12.2 (whether with or without a relevant RIPA interception
warrant) will be made for material to, from or about specific selectors (relating therefore to a specific
individual or individuals). In these circumstances the Secretary of State will already therefore have
approved the request for the specific individual(s) as set out in paragraphs 12.2.
25 Whether analysed or unanalysed.
26 Whether or not those data are associated with the content of communications.
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