Report of the Interception of Communications Commissioner - March 2015
Section 10
Telecommunications Act 1984
10.1 Section 94 of the Telecommunications Act 1984 covers directions in the interests
of national security or relations with the government of a country or territory outside the
United Kingdom.
10.2 I have been asked recently by the Prime Minister to oversee directions issued
under section 94 of the Telecommunications Act 1984. My oversight of section 94 will be
on a non-statutory basis in the short term, but I hope that this can be addressed in the
next Parliament.
10.3
I have confirmed with the Prime Minister that my oversight will include;
(a) Oversight of the necessity and proportionality of section 94 directions given
by the Secretary of State;
(b) Oversight of the use of section 94 directions issued by the Secretary of State;
and,
(c) Oversight of the safeguards for the use of section 94 directions.
10.4 My office is currently working at maximum capacity to discharge my statutory
functions under RIPA 2000 effectively. I will therefore require extra staff (and possibly
technical facilities) to be able to carry out this oversight properly. I do not anticipate that
my requirements in this respect will be significant. However until I have determined the
nature and full extent of the work being undertaken under any directions, and how the
new oversight regime will be implemented, I will not be able to estimate exactly what
resources will be required. Once I have done so, I fully expect to be provided with the
necessary resources.
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@iocco_oversight