Appropriate permission granted by the Secretary of State paras 9.11 to 9.15
Appropriate permission granted by the Secretary of State
9.11 Where protected information is likely to be, or has been, obtained under a warrant issued by the Secretary of State (for example an interception warrant under section 8 of the Act, or a warrant for interference with wireless telegraphy, entry or interference with property under section 5 of the Intelligence Services Act 1994) appropriate permission for giving a section 49 notice in respect of that information may be obtained from the Secretary of State.
9.12 Only persons holding office under the Crown, the police, a member of staff of the SOCA or HMRC may have the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by the Secretary of State.
9.13 Such persons have appropriate permission if the warrant issued by the Secretary of State contains permission for giving section 49 notices in relation to protected information to be obtained under the warrant or, subsequent to the issue of the warrant, the Secretary of State grants written permission for giving section 49 notices in relation to protected information obtained under the warrant.
9.14 The Secretary of State may also grant written permission for giving section 49 notices where protected information has come, or is likely to come, into the possession of any of the intelligence services without a warrant or where protected information has been, or is likely to be, obtained lawfully by any of the intelligence services using a statutory power but without the exercise of a warrant[21] or where protected information is in the possession of any of the intelligence services, or is likely to come into their possession, for example material voluntarily disclosed or provided to any of the intelligence services.[22]
- [21] See paragraph 3 of Schedule 2 to the Act.
- [22] See paragraph 5(2) of Schedule 2 to the Act.
9.15 Where the Secretary of State's permission is sought he must grant the permission personally in writing or, in an urgent case,[23] expressly authorise the grant of permission in which case a senior official may sign it.[24]
- [23] See paragraph 4.23
- [24] See paragraph 8 of Schedule 2 to the Act.