MR JUSTICE BURTON
Approved Judgment
(i) the descriptions of intercepted material the
examination of which he considers necessary; and
(ii) that he considers the examination of material of
those descriptions necessary as mentioned in section
5(3)(a), (b) or (c).
(5) Conduct falls within this subsection if it consists in—
(a) the interception of external communications in the course
of their transmission by means of a telecommunication
system; and
(b) any conduct authorised in relation to any such
interception by section 5(6).
(6) A certificate for the purposes of subsection (4) shall not be
issued except under the hand of the Secretary of State.”
66.
S.8(5) is of some significance in this hearing. As provided in s.8(5)(a), the
interception of ‘external’ communications, to which we will return, is expressly
authorised; but by virtue of s.8(5)(b) so also is conduct falling within s.5(6) (set out
in paragraph 63 above). Thus, apart from the express reference in s.5(6)(b) to
“obtaining related communications data”, there is also in s.5(6)(a) clear
authorisation to intercept communications “not identified by the warrant”, i.e.
communications other than external communications, thus including internal
communications, where it is necessary to do so “in order to do what is expressly
authorised or required by the warrant”.
67.
S.20 is the interpretation section for the purposes of Chapter 1 of RIPA, which is the
relevant Chapter:
i)
For the meaning of communications data cross-reference is made to s.21(4),
which gives the following definition:
“(a) any traffic data comprised in or attached to a
communication (whether by the sender or otherwise) for the
purposes of any postal service or telecommunication system
by means of which it is being or may be transmitted;
(b) any information which includes none of the contents of a
communication (apart from any information falling within
paragraph (a)) and is about the use made by any person—
(i) of any postal service or telecommunications
service; or
(ii) in connection with the provision to or use by any
person of any telecommunications service, of any part
of a telecommunication system.”