Annual Report of the
Interception of Communications
Commissioner for 2009
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 was initially for three years and has, since 11 April
2009, been extended for a further period of three years to 10 April 2012.
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 fourth annual report
as Commissioner and it covers the period 1 January 2009 until 31 December 2009.
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 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;
(b) the exercise and performance, by the persons on whom they are conferred or
imposed, of the powers and duties conferred or imposed by or under Chapter
II of Part I (the acquisition and disclosure of communications data);
(c)
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); and
(d) the adequacy of the arrangements by virtue of which:
(i)
the duty which is imposed on the Secretary of State by section 15;
and
(ii) so far as is applicable to information obtained under Part I, the duties
imposed by section 55
are sought to be discharged.
1.5 As Commissioner, it is also my function 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 it to carry out its functions under that section.
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