Report of the Interception of Communications Commissioner - 2016
I usually recommend that public authorities retain warrantry for up to 2 years after the
individual interception warrant has been cancelled to aid IOCCO inspections. However, it is
also important to ensure that documentation is retained for a sufficient period to enable the
Investigatory Powers Tribunal (IPT) to exercise its jurisdiction. Section 67(5) of RIPA provides
that the IPT shall not consider or determine any complaint more than one year after the
offending conduct has been carried out, ‘unless it is equitable to do so’. It would be helpful
if the Code of Practice for the new Investigatory Powers Act (IPA) clarified these matters and
provided clear guidance.
Inspection Recommendations and Observations
My inspectors made a total of 28 recommendations in their inspection reports. 14
were for the interception agencies and 14 for the warrant-granting departments.
Recommendations made in relation to the application process have improved compliance
and the clarity and quality of the necessity and proportionality justifications. Those
made in relation to the section 15 / 16 safeguards have strengthened or tightened a
number of the procedures for the retention, storage, dissemination and destruction of
the intercepted material or related communications data.
Application Process
18 of the 28 recommendations were made in relation to the application process. The
majority of the recommendations in this category related to the necessity, proportionality
and/or collateral intrusion justifications in the applications; or the handling of legally
privileged or otherwise confidential material relating to sensitive professions.
Figure 13 shows that the majority of the recommendations related to the application process.
Issue/Implementation 4
%
Inspection Procedure 4%
Policy 7%
IT System 4%
Cancellation 4%
Urgent Approval 3%
Training 3
%
Application
Process
64%
Record Keeping 7%
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