All interception warrants are issued by the Secretary of State.2
Even where the urgency procedure is followed, the Secretary of State
personally authorises the warrant, although it is signed by a senior
official.
3.4.
Necessity and proportionality
3.5. Obtaining a warrant under RIPA will only ensure that the
interception authorised is a justifiable interference with an individual’s
rights under Article 8 (right to respect for private and family life) of
the European Convention on Human Rights (ECHR) if it is necessary
and proportionate for the interception to take place. RIPA recognises
this by first requiring that the Secretary of State believes that the
authorisation is necessary for one or more of the following statutory
grounds:
• In the interests of national security;
• To prevent or detect serious crime;
• To safeguard the economic well-being of the UK so far as those
interests are also relevant to the interests of national security.
3.6. These purposes are set out in section 5(3) of RIPA. The Secretary
of State must also believe that the interception is proportionate to what
is sought to be achieved by that conduct. Any assessment of
proportionality involves balancing the seriousness of the intrusion into
the privacy or property of the subject of the operation (or any other
person who may be affected) against the need for the activity in
investigative, operational or capability terms. The warrant will not be
proportionate if it is excessive in the overall circumstances of the case.
Each action authorised should bring an expected benefit to the
investigation or operation and should not be disproportionate or
arbitrary. The fact that there is a potential threat to national security
(for example) may not alone render the most intrusive actions
2
8
Interception warrants may be issued on “serious crime” grounds by Scottish ministers, by virtue of
arrangements under the Scotland Act 1998. In this code references to the “Secretary of State” should
be read as including Scottish ministers where appropriate. The functions of the Scottish ministers also
cover renewal and cancellation arrangements.