Report of the Interception of Communications Commissioner - March 2015
Information Commissioner16 has a role in respect of data retained in compliance with a
retention notice, that role is to ensure compliance with the data protection principles17
(for example, data security, the lawful processing of the data and business processes to
stop over retention).
5.5
My office is therefore not in a position to clarify or report on matters relating to
the giving of a retention notice by a Secretary of State under DRIPA 2014.
Section 3 DRIPA. Statutory purpose of economic well-being in RIPA Part I.
5.6
As a consequence of the Privacy and Electronic Communications Directive 2002/58
(“the E-Privacy Directive”)18 matters relating to the interception of communications or
the acquisition of communications data, where they relate to the economic interests of
the United Kingdom, should directly relate to “state security”.
5.7
The E-Privacy Directive came into effect two years after RIPA 2000 came into
force and so the code of practice for the interception of communications and the code
of practice for the acquisition and disclosure of communications (made under section 71
of RIPA 2000) explained where the interception of communications or the acquisition of
communications data is necessary in the economic interests of the United Kingdom, it
must be taken into account whether, on the facts specific to the case, it is directly related
to state security.
5.8
The term “state security,” which is used in the E-Privacy Directive should be
interpreted in the same way as the term “national security” which is used in RIPA 2000
and the accompanying codes of practice to Part I.
5.9
Section 3 of DRIPA therefore clarifies in primary legislation, by amending sections
5(3)(c) and 22(2)(c) RIPA 2000, the requirement imposed by the E-Privacy Directive and
already set out in the codes of practice that interception warrants can only be issued and
communications data can only be acquired on the grounds of economic well-being when
specifically related to national security. The relevant provisions of RIPA 2000 are amended
to read as follows:
section 5(3)(c) “For the purpose, in circumstances appearing to the Secretary
of State to be relevant to the interests of national security, of safeguarding the
economic well-being of the United Kingdom”
section 22(2)(c) “in the interests of the economic well-being of the United
Kingdom so far as those interests are also relevant to the interests of national
security.”
16 http://ico.org.uk/
17 http://ico.org.uk/for_organisations/data_protection/the_guide/the_principles
18 The E-Privacy Directive” sets out the requirements for the processing of personal data and protection of
privacy in the electronic communications sector
14
@iocco_oversight