Report of the Interception of Communications Commissioner - 2016
Interception of Communications
Interception of Communications gives public authorities access to the content of
communications. Examples of this include the content of a phone call or email, or the
general use of a broadband account.
Chapter 1 of Part 1 of RIPA (sections 1-20) provides the legal basis for this activity.
The Interception of Communications Code of Practice21 provides detailed guidance
on the procedures that must be followed by public authorities before interception of
communications can take place under the provisions of RIPA. Unless otherwise specified,
references in this section to the Code of Practice are to the Interception of Communications
Code of Practice. Section 72 of RIPA states that public authorities must have regard to
the provisions of the Code of Practice. A failure on the part of any person to comply with
any provision of a code of practice does not, however, of itself render them liable to any
criminal or civil proceedings.
I am constrained by the statutory secrecy provisions in section 19 of RIPA forbidding
the disclosure of certain aspects of interception. This covers, for example, the existence
and contents of a warrant; the steps taken in pursuance of a warrant; everything in the
intercepted material; and any related communications data. However, it is in the public
interest that I am able to describe my oversight activities, and give the public some
understanding of the interception activity that is being carried out by public authorities
on their behalf. I attempt to do that here.
Applications for Interception Warrants
Part 1 of RIPA provides that the interception of communications may be authorised with a warrant
issued by the Secretary of State under section 5(1). The conduct authorised by an interception
warrant includes any conduct necessary to obtain the content of the communication and any
related communications data (as defined in section 20 and Chapter 2 of Part 1).
An interception warrant may not be issued except in response to an application made by
or on behalf of the persons listed in section 6(2) of RIPA, who are:
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the Director General of the Security Service (MI5);
the Chief of the Secret Intelligence Service (SIS);
the Director of the Government Communications Headquarters (GCHQ);
the Director General of the National Crime Agency (NCA) on behalf of the
NCA and all UK police forces;
the Commissioner of the Metropolitan Police;
the Chief Constable of the Police Service of Northern Ireland (PSNI);
the Chief Constable of the Police Service of Scotland;
the Commissioners of Her Majesty’s Revenue and Customs (HMRC); and
the Chief of Defence Intelligence.
21 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496064/53659_CoP_
Communications_Accessible.pdf
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