Report of the Interception of Communications Commissioner - March 2015
(5) and (9)). At the time of writing this report a revised draft code of practice is out for
public consultation5.
Communications Data
2.6
The structured procedure required by Chapter II of Part I RIPA 2000 for the
acquisition and disclosure of communications data is different. Here essentially the
statutory authority has to be an authorisation granted or requirement made by a
Designated Person (DP) in the relevant public authority, who should normally be
independent of the investigation to which the application relates (sections 22(3), (4)).
2.7
The provisions of Chapter II of Part I RIPA 2000 are supplemented by a detailed
code of practice “Acquisition and Disclosure of Communications Data” again laid before
Parliament and approved by resolution under section 71. A revised draft code of practice
has recently been consulted on6.
My main powers and duties
2.8
These are under section 57(2) and relate to RIPA 2000 Part I. They are to keep
under review:
•
•
•
•
the exercise and performance of the Secretary of State of the powers and
duties in sections 1 to 11, that is those relating to the granting and operation
of interception warrants;
the exercise and performance by the persons on whom they are conferred
or imposed of the powers and duties under Chapter II of Part I, that is those
relating to the acquisition and disclosure of communications data;
the exercise and performance by the Secretary of State in relation to information
obtained under Part I of the powers and duties conferred or imposed on him
by or under Part III; and
the adequacy of arrangements for safeguards relating to use that is made
of interception material under section 15, which also embraces additional
safeguards in section 16; and, so far as applicable to Part I material, those
imposed by section 55.
2.9
In short, I am required to audit the interception of communications and the
acquisition and disclosure of communications data under RIPA 2000 Part I, and any
notices issued by the Secretary of State under Part III for the disclosure of protected
information.
5 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/401866/Draft_
Interception_of_Communications_Code_of_Practice.pdf
6 https://www.gov.uk/government/publications/communications-data-draft-codes-of-practiceacquisition-disclosure-and-retention
www.iocco-uk.info
5