MR JUSTICE BURTON
Approved Judgment

(2) The Secretary of State shall not issue an interception
warrant unless he believes—
(a) that the warrant is necessary on grounds falling within
subsection (3); and
(b) that the conduct authorised by the warrant is
proportionate to what is sought to be achieved by that
conduct.
(3) Subject to the following provisions of this section, a warrant
is necessary on grounds falling within this subsection if it is
necessary—
(a) in the interests of national security;
(b) for the purpose of preventing or detecting serious crime;
[or]
(c) for the purpose of safeguarding the economic well-being
of the United Kingdom;
...
(4) The matters to be taken into account in considering
whether the requirements of subsection (2) are satisfied in the
case of any warrant shall include whether the information
which it is thought necessary to obtain under the warrant could
reasonably be obtained by other means.
(5) A warrant shall not be considered necessary on the ground
falling within subsection (3)(c) unless the information which it
is thought necessary to obtain is information relating to the
acts or intentions of persons outside the British Islands.
(6) The conduct authorised by an interception warrant shall be
taken to include—
(a) all such conduct (including the interception of
communications not identified by the warrant) as it is
necessary to undertake in order to do what is expressly
authorised or required by the warrant;
(b) conduct for obtaining related communications data; and
(c) conduct by any person which is conduct in pursuance of
a requirement imposed by or on behalf of the person to
whom the warrant is addressed to be provided with
assistance with giving effect to the warrant.”
64.

There are limited persons who can apply for an interception warrant, as specified in
s.6, who include (materially for our purpose), the Director General of MI5, the

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