2013 Annual Report of the Interception of Communications Commissioner
Points of Note
Questions of Concern
I have full and unrestricted access to all information from public authorities,
however sensitive, sufficient for me to be able to undertake my statutory functions.
I am fully independent of the Government and the public authorities which I inspect.
I have (or in one respect soon will have) enough staff to enable me to perform
my statutory functions properly, provided that the current accommodation and
technical facilities are enhanced in identified respects.
I have considered in detail the large question whether RIPA 2000 Part I remains
fit for its required purpose in the developing internet age. I have concluded that
it is as fit for purpose as it was when it was enacted. I need to carry out further
investigations into one aspect of the operation of Section 8(4).
Public authorities do not misuse their powers under RIPA Part I to engage in
random mass intrusion into the private affairs of law abiding UK citizens. It would
be comprehensively unlawful if they did. I have considered whether there is a
material risk that unlawful intrusion might occur in the operation of Section 8(4).
Subject to some further investigation, I conclude there is no material risk.
I am quite clear that any member of the public who does not associate with potential
terrorists or serious criminals or individuals who are potentially involved in actions
which could raise national security issues for the UK can be assured that none of
the interception agencies which I inspect has the slightest interest in examining
their emails, their phone or postal communications or their use of the internet, and
they do not do so to any extent which could reasonably be regarded as significant.
British intelligence agencies do not circumvent domestic oversight regimes by
receiving from US agencies intercept material about British citizens which could
not lawfully be acquired by intercept in the UK.
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