Annual Report of the
Interception of
Communications Commissioner
for 2001
Introduction
1. I was appointed the Interception of Communications Commissioner on 11
April 2000 under the provisions of the Interception of Communications Act
1985, and as from 2 October 2000 under section 57 of the Regulation of
Investigatory Powers Act 2000. This is my third annual report as Commissioner
and covers the year ending 31 December 2002.
2. My three-year appointment as Interception of Communications
Commissioner expired on 10 April 2003. However, following an invitation from
the Prime Minister I have accepted reappointment as the Interception
Commissioner for a further three years until 10 April 2006.
3. I have followed the same practice as in previous years of giving as much
information as I can in the first part of my Report. Those matters that cannot be
fully explained without disclosing sensitive information relating to particular
agencies or to individuals concerned are contained in the Confidential Annex.
Functions of the Commissioner
4. The coming into force of the Regulation of Investigatory Powers Act 2000
(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. It is right to emphasise that 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.
5. My functions as Commissioner are set out in section 57 of the Act and are as
follows:
●
To keep under review the carrying out by the Secretary of State of the
functions conferred on him by sections 7 to 11 of RIPA and the adequacy
of any arrangements made for the purpose of sections 15 and 16 of RIPA.
●
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).
●
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. I give
further information about the Tribunal in paragraphs 31 to 33 below.
Discharge of my functions
6.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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