Report of the Interception of Communications Commissioner - March 2015
2.10 I also have a responsibility to investigate unintentional electronic interception
(not related to trying to put into effect an interception warrant) which attracts a civil
penalty7 under section 1(1A) of RIPA 2000. This complaints function came into force in
2011 as the European Commission identified deficiencies in the way in which the Data
Protection Directive and the E-Privacy Directive were transposed.
2.11 I am not involved with matters under RIPA 2000 which are the responsibility of the
Intelligence Services Commissioner (The Rt Hon. Sir Mark Waller) or the Chief Surveillance
Commissioner (The Rt Hon. Sir Christopher Rose).
Reporting to the Prime Minister
2.12 Section 6 of the Data Retention and Investigatory Powers Act (DRIPA) 2014
amends RIPA 2000 by requiring me to report on a half-yearly basis to the Prime Minister.
The timing of the reports is as soon as is practicable after the end of each calendar year
and after the end of the period of six months beginning with the end of the calendar year.
As such the timing of my first report post DRIPA coincided with the timing that my next
annual report would have been due anyhow.
2.13 I am required by section 58(2) to report to the Prime Minister contraventions of
the provisions of RIPA 2000 in relation to any matter with which I am concerned that has
not been the subject of a report made to the Prime Minister by the IPT. I am not aware of
any such report by the IPT which bears on my responsibilities. The Errors sections of this
Report (see 6.82 - 6.97 & 7.96 - 7.109) constitute a principal part of the performance of
the requirements of section 58(2).
2.14 Section 57(3) of RIPA 2000 provides that I shall give the IPT all such assistance
(including my opinion as to any issue falling to be determined by the IPT) as the IPT may
require in connection with its investigation of any matter; or otherwise for the purposes
of its consideration or determination of any matter. In the last reporting year the IPT
asked my office for assistance in connection with one matter under investigation and I
can report that the IPT has already asked for assistance on a couple of matters under
investigation in 2015.
Disclosure to the Commissioner
2.15 Section 58(1) of RIPA 2000 imposes a statutory obligation on everyone concerned
with the lawful interception of communications and the acquisition and disclosure of
communications data under RIPA 2000 Part I to disclose or provide to me all such
documents or information as I may require for the purpose of enabling me to carry out
my functions under section 57. I have found that everyone does this without inhibition. I
am thus fully informed, or able to make myself fully informed, about all the interception
7 See http://iocco-uk.info/sections.asp?sectionID=2&chapter=6&type=top for more information
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