depending on the country, usually requires that law enforcement authorities seek a judicial warrant from a court or an executive warrant signed by a senior government official, an important procedural safeguard to protecting the rights of those under scrutiny. (See the Annex to the Recommendations for more information). In addition to this, authorities may require access to communications data, which is generated as a person uses communications services. This is often known as the ‘who, where, when and how’ of a communication. With the many different ways to communicate electronically currently in existence, there is a much greater array of data and interactions that can be collected and therefore demanded by law enforcement authorities.  Communications Data (this sometimes referred to as metadata but will be described as communications data in this SWIA) is basically everything but the content. It includes telephone numbers of both the caller and the recipient, the time and duration of a call, unique identifying numbers (each subscriber is allocated one, as is each mobile device), email addresses, web domains visited and location data. This information is important as it builds up a detailed picture of a person’s life and movements. Often intercepting the content of a call or email is not necessary. In contrast to content, there are often weaker legal protections around interception of stored communications data. Intercepting communications is an intrusive process into someone’s privacy. That is why any such intrusion should be governed by a strict legal framework to prevent arbitrary violations of privacy. Legal Requirements The Annex to the Recommendations provides more detailed recommendations on the kinds of considerations any government, including the Myanmar Government, should take into consideration in establishing its procedures for lawful interception or other forms of communications surveillance at each step of the process. These steps include the authorisation process, oversight and remedy procedures for lawful interception, and other communications surveillance, to ensure that the procedures and practice are in line with international law. Technical Requirements Telecommunication systems or networks in most countries must include, by law, the technical capability to intercept communications. For example, providing the technical means for interception is a legal requirement for European companies under a 1995 EU Resolution on Law Enforcement Operational Needs with respect to Public Telecommunication Networks and Services, 356 which allows lawful interception to assist law enforcement in investigating and preventing crime. In order for communications to be intercepted, the telecommunications system needs to be configured in a specific technical way according to a set of standards. The European Telecommunications Standards Institute (ETSI) 357 (one of many industry-led technical standardising bodies worldwide) has taken the lead in producing globally applicable 356 Council of Europe (1995) “Council Resolution on law enforcement operational needs with respect to public telecommunication networks and services” (20 June 2001). 357 See European Telecommunications Standards Institute (ETSI) (last accessed August 2015). CHAPTER 4.4: SURVEILLANCE – LAWFUL INTERCEPTION & OTHER SURVEILLANCE METHODS 167 4 4.4