MR JUSTICE BURTON
Approved Judgment
(a) it is certified by the Secretary of State for the purposes of
section 8(4) that the examination of material selected
according to factors referable to the individual in question is
necessary as mentioned in subsection 5(3)(a), (b) or (c); and
(b) the material relates only to communications sent during
a period specified in the certificate that is no longer than the
permitted maximum .
. . .”
75.
The Code, to which we referred in paragraph 69 above, is the subject of affirmative
resolution of both Houses of Parliament. It contains a number of important
provisions, of which we have already set out paragraph 5.1 in that paragraph. In
Chapter 2, “General rules on interception with a warrant” there is specific guidance
under paragraphs 2.4 and 2.5 with regard to necessity and proportionality in relation
to the issue of warrants, and there are provisions in paragraphs 2.11 to 2.13 in
relation to the duration of the interception warrants. Chapter 3 provides for
safeguards against collateral intrusion and in respect of information which is
confidential, is subject to legal privilege or involves confidential journalistic
material. Chapter 4 relates to s.8(1) warrants, while Chapter 5 deals with s.8(4)
warrants. Apart from paragraph 5.1, there is an important provision relating to an
application for such a warrant, which contains the following:
“5.2 An application for a warrant is made to the Secretary of
State. Interception warrants, when issued, are addressed to the
person who submitted the application. This person may then
serve a copy upon any person who may be able to provide
assistance in giving effect to that warrant. Each application, a
copy of which must be retained by the applicant, should contain
the following information:
Background to the operation in question.
Description of the communications to be intercepted,
details of the communications service provider(s) and
an assessment of the feasibility of the operation where
this is relevant.
Description of the conduct to be authorised, which must
be restricted to the interception of external
communications, or to conduct necessary in order to
intercept those external communications, where
appropriate.
The certificate that will regulate examination of
intercepted material.
An explanation of why the interception is considered to
be necessary for one or more of the section 5(3)
purposes.