2013 Annual Report of the Interception of Communications Commissioner
6.4.4 I trust that, frustrating though the delay may have been for some, this report will
cover, so far as I am able, the main matters of public concern.
5. Is RIPA 2000 Part I fit for its required purpose in the developing internet
age?9
6.5.1 This is a large question. It might be recast as asking whether the internet and
technology generally has developed so greatly and rapidly that RIPA 2000 Part I now
technically permits the public authorities to intercept communications or acquire
communications data in ways which unduly invade the privacy of those who communicate
on the internet for entirely legitimate purposes. Even if the public authorities do not in
fact unduly invade users’ privacy in this way, is there any material risk that they might?
The question requires separate consideration of communications data acquired under
Part I Chapter II, interception warrants issued under section 8(1) and section 8(4) of Part
I Chapter I.
6.5.2 General lack of understanding. Informed public discussion on this topic has
been hampered by an entirely understandable general lack of understanding. There is
widespread lack of informed understanding of
(a) the structure of the statutory provisions, and
(b) what those concerned with the operation of the statutory provisions actually
do.
6.5.3 As to (a), RIPA 2000 Part I contains provisions, some of which are difficult for
anyone to get their head round. I will try to help here. Furthermore, I am satisfied that,
despite their difficulties, these provisions are properly understood and operated by those
who are engaged in their operation. This has included successive Secretaries of State and
their relevant officials.
6.5.4 As to (b), there are sensitivity limits to the detail that I can give publicly. But I will
be as open as I may. I can be more helpful in explaining what the public authorities do
not do. I shall also consider the extent of any risk that the RIPA 2000 safeguards might
be wrongfully evaded.
6.5.5 Historical context. It is instructive to see the legislation in its historical context
and to consider what Parliament contemplated and understood before and during the
passage through Parliament of the Bill that became RIPA 2000. It is then appropriate to
9 “Can you see why it is that the public feel that when the last bit of legislation on this was passed in the
year 2000 [RIPA 2000] and technology has moved on so fast and your capabilities have developed so
hugely, it is hardly credible that the legislation is still fit for purpose for the modern world.” Lord Butler
of Brockwell questioning the Director General of the Security Service at a session of the Intelligence and
Security Committee on 7 November 2013, page 19.
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