Report of the Interception of Communications Commissioner - March 2015
Section 2
My Role
2.1
I was appointed as Commissioner in January
2013. My principal powers and duties are in section
57(2) of RIPA 2000. They relate mainly to RIPA 2000
Part I (sections 1 to 25), although I do have limited
duties under Part III of RIPA 2000. I also have nonstatutory responsibility for overseeing the interception
of communications in prisons in England, Wales and
Northern Ireland. In addition I have recently been
asked by the Prime Minister and have agreed to
formally oversee directions under Section 94 of the
Telecommunications Act 1984.
RIPA Part I
2.2
The Rt Hon. Sir Anthony May
RIPA 2000 Part I divides into two Chapters.
•
•
Chapter I (sections 1 to 20) concerns the interception of the content of
communications and the obtaining of related communications data.
Chapter II (sections 21 to 25) concerns the acquisition and disclosure of
communications data. Communications data do not embrace the content of
the communication.
2.3
Section 1(1) of RIPA 2000 makes it an offence for a person intentionally
and without lawful authority to intercept, at any place in the United Kingdom, any
communication in the course of its transmission by means of a public postal service or
public telecommunication system. My statutory role is limited to interception within the
United Kingdom.
Interception of communications
2.4
Interception Warrants. The main source of lawful authority to intercept the
content of a communication is a warrant issued by a Secretary of State under section 5
of RIPA 20004. There are detailed requirements for these warrants. There are also detailed
restrictions and safeguards on the use that may lawfully be made of the product of lawful
interception of communications. Importantly, section 15(3) requires the destruction of
intercepted material and any related communications data (as defined in section 20)
as soon as there are no longer any grounds for retaining it as necessary for any of the
purposes authorised in section 15, which embrace the statutory purposes in section 5(3).
2.5
The requirements of Chapter I of Part I RIPA 2000 are supplemented in detail by a
code of practice “Interception of Communications” laid before both Houses of Parliament
by the Secretary of State and approved by a resolution of each House (sections 71(1), (4),
4 See section 1(5) of RIPA 2000 for other sources of lawful authority.
4
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