2011 Annual Report of the Interception of Communications Commissioner
I do not record the number of warrants which I have examined in relation to each agency
because to do so would be of little value. In relation to some agencies I see most if not all of the
warrants, but where the number of warrants is large I have to select. I usually select operations
rather than warrants. Often one operation will generate a host of warrants and renewals. For
example, one SOCA operation I looked at recently generated over 60 warrants, and of course
I may see some of the same warrants when I inspect the warrants held by the Departments of
State. But I have had the benefit of statistical advice to satisfy myself that, even when the pool of
warrants is large, the numbers that I examine are statistically relevant.
It is important to note, as set out in the previous section, that the power to grant an interception
warrant rests only with a Secretary of State or his Scottish equivalent, who must be persuaded
that the warrant is necessary for the pursuit of the public authority objective and proportionate
to what it seeks to achieve. The lawful interception of communications remains, in my view,
a valuable tool against those who seek to harm the UK through committing serious crime,
threatening national security or seeking to harm the nation’s economic well-being.
6.4. Errors Across all Lawful Intercepting Agencies
Figure 2 – Total Number of Intercept Errors over the previous 4 years
60
50
40
30
20
10
0
2008
2009
2010
2011
42 errors have been reported to me during the course of 2011. Although this represents a
significant increase on the 27 errors reported in 2010, which is regrettable, the number of
reported errors represents 1.4 % of the total number of lawful intercept warrants signed in 2011.
Despite the increase in the number of errors, I am satisfied that none of the reported errors or
breaches were deliberate. There were two causes of errors; human and technical. Typical human
errors were:
• transpositions of numbers, or incorrect recording of communications addresses
• failing, because of staff changes, to renew a warrant when it lapsed
Technical or software problems occasionally caused errors which could be system-wide.
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