IOCCO’s Role
The Interception of Communications Commissioner’s principal duty is to review the
exercise and performance, by the relevant Secretaries of State and public authorities, of
the powers under Part 1 (and to a limited extent Part 3) of the Regulation of Investigatory
Powers Act (RIPA). I also undertake a number of other oversight functions, some of which
are carried out on a non-statutory basis. I report on my activities, on a yearly basis, to the
Prime Minister. Since 2013, these reports have been published in full with no confidential
annex. My role is not to be a champion of the Government or the law but to provide
independent oversight of how the law is applied.
Figure 1 Describes the Powers that the Commissioner oversees.
Interception of Communications
under Chapter 1 of Part 1 RIPA
(statutory)
Acquisition & Disclosure of
Communications Data under Chapter 2
of Part 1 RIPA
(statutory)
Encryption notices issued by the
Secretary of State under Part 3 RIPA in
relation to information obtained under
Chapter 1 of Part 1 RIPA
(statutory)
Complaints of unintentional unlawful
electronic interception (which attract a
civil monetary penalty) under section
1(1A) of RIPA
(statutory)
Section 94 of the Telecommunications
Act 1984
(non-statutory)
Interception of Prisoners’ Communications
under the Prison Act 1952 and Prison Act
(Northern Ireland) 1953 (in prisons in
England, Wales & Northern Irleand)
(non-statutory)
Prisons (Interference with Wireless
Telegraphy) Act 2012
(conduct in England & Wales only)
(non statutory)*
Section 80 of the Serious Crime Act 2015
(conduct in England & Wales only)
(non statutory)*
*We have been asked by the Home Office & Ministry of Justice to undertake this additional oversight on a non-statutory
basis. We have agreed, subject to receiving a formal direction from the Prime Minister and some additional resources.
I oversee an extensive inspection regime that enables me to carry out effective oversight.
Section 58(1) of RIPA imposes a statutory obligation on every public official in an
organisation which has the powers I oversee to disclose or to provide to the Commissioner
all such documents or information as may be required for the purpose of enabling the
Commissioner to carry out their functions.
www.iocco-uk.info
1