Part 3: Authorisations for obtaining communications data Section 77: Commissioner approval for authorisations to identify or confirm journalistic sources
This section sets out the procedure for authorising communications data requests made by a public authority in order to identify a journalistic source. In these instances it is necessary to obtain the approval of a Judicial Commissioner before the data can be acquired.
	Subsections (1), (2) and (3) set out that an authorised communications data application made by a public authority for the purpose of identifying a source of journalistic information must not take effect until approved by a Judicial Commissioner. Prior Judicial Commissioner approval is not required in an imminent threat to life situation.
	Subsection (4) sets out that in making an application for data to identify a journalistic source, the applicant is not required to notify either the person to whom the application relates i.e. the journalistic source, nor that person’s legal representative.
	Subsections (5) and (6) set out that a Judicial Commissioner should only approve an authorisation to acquire communications data to identify a journalistic source if satisfied that the conditions of the authorisation by the designated senior officer have been met. In considering whether these conditions have been met, the Judicial Commissioner must have regard to both the public interest in protecting a source of journalistic information and the need for there to be another overriding public interest before approving an authorisation.
	Subsection (7) sets out that the Judicial Commissioner may quash any authorisation given by the designated senior officer, if the Judicial Commissioner refuses to approve it.