2011 Annual Report of the Interception of Communications Commissioner
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LAWFUL INTERCEPTION OF
COMMUNICATIONS (RIPA PART I,
CHAPTER I)
6.1. General Background to Lawful Interception
Interception of communications is amongst a range of investigative techniques used by security
and law enforcement agencies for the prevention and detection of acts of terrorism, in the
interests of national security, for the detection of serious crime and to safeguard the economic
well-being of the UK (where this is directly related to national security).
Interceptions of Communications covered by RIPA are defined in Part I, Chapter I, section 2(2);
“For the purposes of this Act, but subject to the following provisions of this section,
a person intercepts a communication in the course of its transmission by means
of a telecommunication system if, and only if, he —
a. so modifies or interferes with the system, or its operation
b. so monitors transmissions made by means of the system, or
c. so monitors transmissions made by wireless telegraphy to or from apparatus comprised in
the system,
as to make some or all of the contents of the communication available, while
being transmitted, to a person other than the sender or intended recipient of the
communication.”
and section 2(4);
“For the purposes of this Act the interception of a communication takes place
in the United Kingdom if, and only if, the modification, interference or monitoring
or, in the case of a postal item, the interception is effected by conduct within the
United Kingdom and the communication is either—
a. intercepted in the course of its transmission by means of a public postal service or public
telecommunication system; or
b. intercepted in the course of its transmission by means of a private telecommunication system
in a case in which the sender or intended recipient of the communication is in the United
Kingdom.”
Due to the potential level of intrusion into an individual’s private life associated with lawful
interception, RIPA requires that interception of communications can only be authorised by a
warrant signed by a Secretary of State or the Scottish Ministers1 to fulfil statutory objectives.
1
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Scottish Ministers are the appropriate authority in relation to serious crime in Scotland