2013 Annual Report of the Interception of Communications Commissioner
Reporting to the Prime Minister
2.11 I regard my principal function as being to satisfy myself, and thus to report to the
Prime Minister, that the Secretaries of State and the public authorities operating under
RIPA 2000 Part I do so lawfully and in accordance with the statute.
2.12 I am required by section 58(2) to report to the Prime Minister contraventions
of the provisions of the Act in relation to any matter with which I am concerned that
has not been the subject of a report made to the Prime Minister by the Investigatory
Powers Tribunal (IPT). I am not aware of any such report by the IPT which bears on my
responsibilities. The Errors Sections of this Report (see Paragraphs 3.58 to 3.68 & 4.45 to
4.54) constitute a principal part of the performance of the requirements of section 58(2).
2.13 My principal statutory responsibility is to review the lawfulness of RIPA 2000 Part
I activities under existing legislation. I do not regard myself as a practical promoter
of legislation. Change and matters of policy are for others, Parliament in particular, to
consider and decide. On the other hand, I am better informed than most people outside
the public authorities themselves about the way in which RIPA 2000 Part I activities are
conducted both in principle and in detail. Addressing, as I shall attempt to do, some of
the issues which are of public concern can only be done if I touch on some matters of
policy.
Disclosure to the Commissioner
2.14 Section 58(1) of RIPA 2000 imposes a statutory obligation on everyone concerned
with the lawful interception of communications and the acquisition and disclosure of
communications data under RIPA 2000 Part I to disclose or provide to me all such
documents or information as I may require for the purpose of enabling me to carry out
my functions under section 57. I have found that everyone does this without inhibition.
I am thus fully informed, or able to make myself fully informed, about all the interception
and communications data activities to which RIPA 2000 Part I relates however sensitive
these may be.
Prisons
2.15 My functions also by convention include the oversight of the interception of
prisoners’ communications within prisons. This is lawful interception under section 47
of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 and section 13 of
the Prison Act (Northern Ireland) 1953 (prison rules) – see section 4(4) of RIPA 2000. My
oversight of interception in prisons in England, Wales and Northern Ireland (but not at
the moment Scotland) is by non-statutory agreement between the prison authorities and
my predecessors.
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