Annual Report of the
Interception of Communications
Commissioner for 2006
Introduction
1. On 11 April 2006 I was appointed the Interception of Communications
Commissioner under Section 57 of the Regulation of Investigatory Powers Act
2000 (RIPA) in succession to the Right Honourable Sir Swinton Thomas. My
appointment is for a period of three years. From that date until 31 July 2006 Sir
Swinton Thomas supported me on a complete round of inspections of all the
Agencies set out in section 6(2) of RIPA, and all the major Communication
Service Providers (CSPs) engaged in this work, as well as a number of meetings
with representatives of the Agencies to deal with issues that have arisen since my
appointment. I am grateful to Sir Swinton Thomas for his assistance and
invaluable advice during this period.
2. I am required by section 58(4) of RIPA as soon as practicable after the end
of each calendar year to report with respect to the carrying out of my functions as
the Interception of Communications Commissioner. This is my first annual report
as Commissioner and it covers my first nine months in office: 1 April 2006 until
31 December 2006. In producing my report, I propose to follow, as my
predecessors have done, the practice of writing the report in two parts, this main
part for publication, the other part being a confidential annex to include those
matters which cannot be fully explained without disclosing sensitive information.
Functions of the Commissioner
3. I was appointed under section 57 of the Regulation of Investigatory Powers
Act 2000 (RIPA). The coming into force of RIPA on 2 October 2000 coincided
with the coming into force of the Human Rights Act 1998 (HRA) which
incorporated the European Convention on Human Rights into UK law. These two
important pieces of legislation brought about a number of changes in the law and
in the practice of those responsible for the lawful interception of communications.
4. As Commissioner I have three main functions: these are set out in section
57 of RIPA and, for ease of reference, are as follows:
G
To keep under review the carrying out by the Secretary of State of the
functions conferred on him by sections 1 to 11 of RIPA and the adequacy of
any arrangements made for the purpose of sections 15 and 16 of RIPA.
G
To keep under review the exercise and performance by the Secretary of State
of the powers and duties conferred or imposed by or under Chapter II of Part
I (the acquisition and disclosure of communications data).
G
To give the Investigatory Powers Tribunal set up under section 65 of RIPA
all such assistance as the Tribunal may require for the purpose of enabling
them to carry out their functions under that section.
Discharge of my functions
5. Section 57(2) of RIPA provides that as the Interception of Communications
Commissioner I shall keep under review:
(a)
the exercise and performance by the Secretary of State of the power and
duties conferred or imposed on him by or under sections 1 to 11;
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