Interception
Warrantry
With few exceptions, law enforcement and intelligence agencies can only intercept communications such as email or telephone conversations if they have a warrant authorised personally by the Secretary of State (in practice, usually the Home Secretary or the Foreign Secretary).
Circumstances where warrants may be authorised
The Secretary of State will only approve an interception warrant if it is necessary:
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in the interests of national security
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preventing or detecting serious crime
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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 the intelligence agencies and law enforcement bodies such as police, SOCA and HM Revenue and Customs.
Communication service provider (CSP) responsibilities
Communication 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.
