KENNEDY v. THE UNITED KINGDOM JUDGMENT
15
the dates on which interception is started and stopped.”
4. The Commissioner
a. Appointment and functions
57. Section 57 RIPA provides that the Prime Minister shall appoint an
Interception of Communications Commissioner (“the Commissioner”). He
must be a person who holds or has held high judicial office. The
Commissioner is appointed for a three-year, renewable term. To date, there
have been two Commissioners appointed under RIPA. Both are former
judges of the Court of Appeal.
58. The Commissioner's functions include to keep under review the
exercise and performance by the Secretary of State of powers and duties in
relation to interception conferred or imposed on him by RIPA; the exercise
and performance of powers and duties in relation to interception by the
persons on whom such powers or duties are conferred or imposed; and the
adequacy of the arrangements by virtue of which the duty which is imposed
on the Secretary of State by section 15 (safeguards – see paragraph 42
above) is sought to be discharged.
59. Section 58 RIPA places a duty on those involved in the authorisation
or execution of interception warrants to disclose to the Commissioner all
documents and information which he requires in order to carry out his
functions. As noted above (see paragraph 56), the Code requires
intercepting agencies to keep accurate and comprehensive records for this
purpose.
60. In his 2005-2006 report, the Commissioner described his inspections
as follows:
“12. In accordance with [my] duties I have continued my practice of making twice
yearly visits to ... the intercepting agencies and the departments of the Secretaries of
State/Ministers which issue the warrants. Prior to each visit, I obtain a complete list of
warrants issued or renewed or cancelled since my previous visit. I then select, largely
at random, a sample of warrants for inspection. In the course of my visit I satisfy
myself that those warrants fully meet the requirements of RIPA, that proper
procedures have been followed and that the relevant safeguards and Codes of Practice
have been followed. During each visit I review each of the files and the supporting
documents and, when necessary, discuss the cases with the officers concerned. I can
view the product of interception. It is of first importance to ensure that the facts
justified the use of interception in each case and that those concerned with
interception fully understand the safeguards and the Codes of Practice.
13. I continue to be impressed by the quality, dedication and enthusiasm of the
personnel carrying out this work on behalf of the Government and the people of the
United Kingdom. They have a detailed understanding of the legislation and are always
anxious to ensure that they comply both with the legislation and the appropriate
safeguards ...”