Interception
Warrantry
With few exceptions, law enforcement and intelligence agencies can only intercept communications if they have a warrant authorised personally by the Secretary of State.
In practice, this is usually authorised by the Home Secretary or the Foreign Secretary or for Northern Ireland the Northern Ireland Secretary. In Scotland warrants for serious crime interceptions are authorised by Scottish Ministers.
Circumstances where warrants may be authorised
The Secretary of State will only approve an interception warrant if it is necessary:
-
in the interests of national security
-
for the purpose of preventing or detecting serious crime or
-
for the purpose of safeguarding the economic well-being of the UK
In addition, the interception needs to be proportionate and the information obtained not reasonably available by other means.
Who can request a warrant?
The authorities include:
-
Intelligence agencies - such as the Security Service, GCHQ and SIS
-
law enforcement bodies - such as the police, Serious Organised Crime Agency (SOCA) and HM Revenue and Customs.
Communication service provider responsibilities
Communication service providers (CSPs), such as telephone companies and internet service providers, must provide reasonable assistance in intercepting communications if they are served with an intercept warrant.
Some providers may be served with a notice by the Secretary of State requiring them to maintain a permanent interception capability.
More information about obligations on communication service providers.
