Annual Report of the
Interception of Communications
Commissioner for 2008
Section 1: General
Introduction
1.1 On 11 April 2006 I was appointed the Interception of Communications
Commissioner under Section 57 of the Regulation of Investigatory Powers Act
2000 (RIPA). My appointment is for a period of three years.
1.2. I am required by section 58(4) of RIPA as soon as practicable after the end of
each calendar year to report with respect to the carrying out of my functions as the
Interception of Communications Commissioner. This is my third annual report as
Commissioner and it covers the period 1 January 2008 until 31 December 2008.
In producing my report, I propose to follow, as my predecessors have done, the
practice of writing the report in two parts, this main part for publication, the other
part being a Confidential Annex to include those matters which cannot be fully
explained without disclosing sensitive information.
Functions of the Commissioner
1.3 I was appointed under section 57 of the Regulation of Investigatory Powers
Act 2000 (RIPA). The coming into force of 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.
1.4 As Commissioner I have four main functions: these are set out in section 57
of RIPA and, for ease of reference, are as follows:
s
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.
s
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).
s
To keep under review the exercise and performance by the Secretary of State
in relation to information obtained under Part I of the powers and duties
conferred or imposed on him by or under Part III (investigation of electronic
data protected by encryption etc).
s
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.
Discharge of my functions
1.5 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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