BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT In terms of browsing the Internet, if an individual reads the Washington Post’s website, then they have ‘communicated’ with a web server located overseas, and that is therefore an external communication. In terms of social media, if an individual posts something on Facebook, because the web server is based overseas, this would be treated as an external communication. In terms of cloud storage (for example, files uploaded to Dropbox), these would be treated as external communications, because they have been sent to a web server overseas.” 3. Specific safeguards under RIPA (a) Section 15 77. Pursuant to Section 15(1), it was the duty of the Secretary of State to ensure, in relation to all interception warrants, that such arrangements were in force as he or she considered necessary for securing that the requirements of subsections (2) and (3) were satisfied in relation to the intercepted material and any related communications data; and, in the case of warrants in relation to which there were section 8(4) certificates, that the requirements of section 16 were also satisfied. 78. Section 15(2) provided: “The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each of the following– a. the number of persons to whom any of the material or data is disclosed or otherwise made available, b. the extent to which any of the material or data is disclosed or otherwise made available, c. the extent to which any of the material or data is copied, and d. the number of copies that are made, is limited to the minimum that is necessary for the authorised purposes.” 79. Section 15(3) provided: “The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each copy made of any of the material or data (if not destroyed earlier) is destroyed as soon as there are no longer any grounds for retaining it as necessary for any of the authorised purposes.” 80. Pursuant to section 15(4), something was necessary for the authorised purposes if, and only if, it continued to be, or was likely to become, necessary as mentioned in section 5(3) of the Act (that is, it was necessary in the interests of national security, for the purpose of preventing or detecting serious crime; for the purpose of safeguarding the economic well-being of the United Kingdom (so far as those interests are also relevant to the interests of national security – see paragraphs 3.5 and 6.11 of the IC Code at paragraph 96 below); or for the purpose of giving effect to the provisions of any international mutual assistance agreement); it was 20

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