2013 Annual Report of the Interception of Communications Commissioner
Section 3
Interception of Communications
3.1
In this section I shall provide an outline of the interception legislation, give details
in relation to our interception inspection regime and outline the key findings from our
inspections.
Applications for Interception Warrants
3.2
The main mechanism by which interception of communications may be lawful
under RIPA 2000 Part I requires the Secretary of State to issue an interception warrant
under section 5(1). The conduct authorised by an interception warrant includes conduct
to obtain the content of the communication and also conduct to obtain related
communications data (as defined in section 20 and Part I Chapter II).
3.3
Applicant. An application for an interception warrant cannot be issued except on
an application made by or on behalf of the persons listed in section 6(2) of RIPA 2000.
Those persons are;
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the Director General of the Security Service (Mi5),
the Chief of the Secret Intelligence Service (Mi6),
the Director of the Government Communications Headquarters (GCHQ),
the Director General of the National Crime Agency,
the Commissioner of the Metropolitan Police,
the Chief Constable of the Police Service of Northern Ireland (PSNI),
the Chief Constable of Police Scotland,
the Commissioners of Her Majesty’s Revenue and Customs (HMRC),
the Chief of Defence Intelligence, Ministry of Defence.
3.4
Secretaries of State. Interception warrants have to be authorised personally by a
Secretary of State (section 5(1) and 7(1)(a)). The Secretary of State has to sign the warrant
personally, except in an urgent case where the Secretary of State has authorised the issue
of a warrant which is then signed by a senior official (section 7(1)(b)).
3.5
There are in practice four Secretaries of State and one Scottish Minister who
undertake the main burden of authorising (or declining) interception warrants. The
Secretaries of State and Minister mainly concerned are;
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the Foreign Secretary;
the Home Secretary;
the Secretary of State for Northern Ireland;
the Defence Secretary; and
the Cabinet Secretary for Justice for Scotland3.
3 Interception warrants may be issued on “serious crime” grounds by Scottish Ministers, by virtue of
arrangements under the Scotland Act 1998. In this report references to the “Secretary of State” should be
read as including Scottish Ministers where appropriate. The functions of the Scottish Ministers also cover
renewal and cancellation arrangements.
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