Report of the Interception of Communications Commissioner - March 2015
Section 8
Encryption
8.1
Part III of RIPA contains powers for public authorities to require disclosure of
protected electronic information (electronic data) in an intelligible form or to acquire the
means by which protected electronic information may be accessed or put in an intelligible
form. The requirements of Part III are supplemented in detail by a code of practice
“Investigation of Protected Electronic Information” laid before both Houses of Parliament
by the Secretary of State and approved by a resolution of each House (sections 71(1), (4),
(5) and (9)).
8.2
The measures in Part III are intended to ensure that the ability of public
authorities to protect the public and the effectiveness of their other statutory powers are
not undermined by the use of technologies to protect electronic information (such as
passwords, encryption etc).
8.3
The National Technical Assistance Centre (NTAC), which provides technical
support to public authorities, particularly law enforcement agencies and the intelligence
services, includes a facility for the complex processing of lawfully obtained protected
electronic information. NTAC is the lead national authority for Part III. No public authority
may serve any notice under section 49 of RIPA 2000 or, when the authority considers it
necessary, seek to obtain appropriate permission without the prior written approval of
NTAC to do so.
8.4
There are three Commissioners with responsibilities under Part III: the Interception
of Communications Commissioner; the Intelligence Services Commissioner; and the Chief
Surveillance Commissioner.
8.5
My responsibilities under Part III are limited to keeping under review:
•
•
the exercise and performance by the Secretary of State of the powers and
duties conferred or imposed on him by or under Part III, particularly the grant
of appropriate permission for the giving of a section 49 notice in relation
to information obtained under Part I (intercepted material and other related
communications data); and
the adequacy of the arrangements for complying with the safeguards in
section 55 in relation to key material for protected information obtained
under Part I.
8.6
Only persons holding office under the Crown, the police, a member of staff of
the NCA or the HMRC may have the appropriate permission in relation to protected
information obtained, or to be obtained, under a warrant issued by the Secretary of State.
8.7
It is the duty of any person who uses the powers conferred by Part III, or on whom
duties are conferred, to comply with any request made by a Commissioner to provide any
information he requires for the purposes of enabling him to discharge his functions. The
Commissioners’ oversight also extends to NTAC.
8.8
I can confirm that no section 49 notices have been issued by the Secretary of
State in relation to information obtained under Part I (intercepted material and other
related communications data) since the start of my term in office (1st January 2013).
www.iocco-uk.info
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