Annual Report of the
Interception of
Communications Commissioner
for 2004
Introduction
1. I was appointed the Interception of Communications Commissioner on
11 April 2000 under the provisions of the Interception of Communications Act
1985, and as from 2 October 2000 under section 57 of the Regulation of
Investigatory Powers Act 2000. At the invitation of the Prime Minister I was
re-appointed as the Interception of Communications Commissioner until 10 April
2006. This is my fifth annual report as Commissioner and covers the year ending
31 December 2004.
2. I have followed the same practice as in previous years of giving as much
information as I can in the first part of my Report. Those matters that cannot be
fully explained without disclosing sensitive information relating to particular
agencies or to individuals concerned are contained in the Confidential Annex.
Functions of the Commissioner
3. The coming into force of the Regulation of Investigatory Powers Act 2000
(RIPA) on 2 October 2000 coincided with the coming into force of the Human
Rights Act 1998 (HRA) which incorporated the European Convention on Human
Rights into UK law. These two important pieces of legislation brought about a
number of changes in the law and in the practice of those responsible for the
lawful interception of communications. Insofar as it is humanly possible to be, I
am satisfied that those responsible are fully conversant with the legislation, and
that their practices and procedures comply with it.
4. As I have detailed in previous Reports, my functions as Commissioner are
set out in section 57 of the Act and, for ease of reference, are as follows:
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To keep under review the carrying out by the Secretary of State of the
functions conferred on him by sections 1 to 11 of RIPA and the adequacy of
any arrangements made for the purpose of sections 15 and 16 of RIPA.
To keep under review the exercise and performance by the Secretary of State
of the powers and duties conferred or imposed by or under Chapter II of Part
I (the acquisition and disclosure of communications data).
To give the Investigatory Powers Tribunal set up under section 65 of RIPA
all such assistance as the Tribunal may require for the purpose of enabling
them to carry out their functions under that section. I give further
information about the Tribunal in paragraphs 36 to 38 below.
Discharge of my functions
5. Section 57(2) of RIPA provides that as the Interception of Communications
Commissioner I shall keep under review:
a.
the exercise and performance by the Secretary of State of the power and
duties conferred or imposed on him by or under sections 1 to 11;
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