IPCO Annual Report 2017
6.5
The Part III RIPA Code of Practice (revised and published in August 2018) sets out the
safeguards in relation to this power. Significantly, no public authority may serve any notice
under section 49 of RIPA or, when the authority considers it necessary, seek to obtain
appropriate permission without the prior written advice of NTAC. This applies both in
relation to an individual case or a category of cases. Advice should not be sought from a
public body other than NTAC unless the Secretary of State has agreed that it is appropriate
for that public body to provide advice about the exercise of functions conferred by Part
III. The role of NTAC or another appropriate public body is to provide assurance to the
Investigatory Powers Commissioner that the scope for inappropriate use of the powers is
mitigated
6.6
As set out in the IPA, the exercise of powers and duties under Part III of RIPA is kept under
review by the IPC. Every public authority must maintain a central record of: (i) all applications
for permission to give notices (ii) advice given by NTAC or another public body; (iii) the
grant of permission; (iv) the giving of all notices; and (v) compliance with each notice. These
records must be available for inspection by a JC and retained to allow the Investigatory
Powers Tribunal, established under Part IV of the Act, to carry out its functions.
Statistics
6.7
In 2017, 108 applications were received by NTAC, of which two were declined. The rest
were granted.
6.8
No s.49 notices were issued in relation to interception warrants during 2017.
How IPCO oversees the powers and Findings
6.9
S.49 notices (along with the associated documentation) are examined as part of our
surveillance and CHIS inspections of public authorities. As the volumes of notices are typically
low, most – if not all – will be examined at an inspection visit.
6.10
Typically the notices relate to post-arrest examination of devices (e.g. mobile telephones)
seized by the police when a password is sought from a suspect. This is frequently seen in
investigations into the supply of illicit drugs or child sexual exploitation. The applications
for these notices are normally straightforward and, overall, we have found them to be
justified and compliant with the required procedures. This undoubtedly reflects the need
to obtain judicial approval and to seek guidance from NTAC.
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