10
IPCO Annual Report 2018
Date
Public authority
Change
27 Feb 2019
Government
Communications
Headquarters (GCHQ)
Double-lock of CD applications relating to
journalistic sources
15 Mar 2019
Secret Intelligence
Service (SIS)
Double-lock of CD applications relating to
journalistic sources
22 Mar 2019
MI5
Double-lock of CD applications relating to
journalistic sources
18 Mar 2019
(rolling)
Public authorities
Double-lock of CD applications relating to
journalistic sources and introduction of
authorisations via the Office for Communications
Data Authorisations (OCDA)
2.5
In addition to the preparatory briefings referred to above, we have benefited from a wide
range of discussions on emerging issues. We now hold, for example, quarterly meetings of
the JCs for consideration of the present intelligence threats, technological or operational
developments and legal challenges.
2.6
The JCs occasionally seek additional information about applications for warrants before
making a decision. The Investigatory Powers Commissioner (IPC) and the JCs have
encouraged briefings from the agencies well in advance of receiving novel or contentious
applications; this process is working well and is welcomed by all.
2.7
We have been increasingly impressed by the advantage of IPCO’s dual role: first,
undertaking the review of warrants and, second, having retrospective oversight of the
use of investigatory powers. This combination of responsibilities provides IPCO with a
detailed level of insight into the factors relevant to applications for warrants and the use
of covert powers which otherwise would not exist. JCs regularly ask the inspectors to focus
on particular issues during the latter’s’ oversight visits and the inspectors similarly share
information relevant to the warrantry process with the JCs. In other words, these two
functions – warrantry and ex post facto (retrospective) inspection – serve significantly to
enhance each other and the confidence in the overall system.
The double lock process
The Investigatory Powers Act 2016 (IPA) brought a significant change to the way in which
certain investigatory powers are authorised and overseen. The most significant change was the
introduction of what has become colloquially termed the ‘double lock’ mechanism. This means
that, following Secretary of State authorisation, an IPA warrant cannot be issued until it has
been approved by a JC.
The appeals process
2.8
Under section 23 (5) of the IPA, if a JC (other than the IPC) refuses to approve the
application for a warrant, the requesting authority may ask the IPC to decide whether to
approve the decision to issue the warrant.