2011 Annual Report of the Interception of Communications Commissioner
3.
LEGISLATIVE BASIS AN INTRODUCTION TO PART I OF RIPA
Previous commissioners have outlined in their respective annual reports the scope of each part
of RIPA, the functions of the intelligence services and the functions of the commissioner. In
addition, in my 2010 annual report, I sought to aid understanding of RIPA by presenting its key
components in relation to lawful intercept and communications data in a summary diagram. This
was well received and the summary grid can be found on the commissioners’ website (www.
intelligencecommissioners.com)
RIPA and the way in which it tightly defines both the remit of the commissioner, the lawful
interception of communications and the acquisition of communications data is still often
misunderstood by both the media and wider public, so once again, I draw attention to the
following
• a summary grid (Table 1) outlining the relevant sections of the statute governing the use of
RIPA powers.
• my remit, as set out in section 57 (2) of RIPA, being the terms and conditions upon which I
accepted the role of commissioner.
Table 1 – RIPA Summary Box
Which What is the When can this power Who can use the
section Power?
be used?
power?
of
RIPA?
Who
authorises
use of this
power?
Pt. 1
Chapter
1
Any of the
Secretaries of
State, but in
practice the
Secretary with
responsibility
for the
investigating
body will sign
their respective
warrants.
Interception
of a persons
communications
(i.e. telephones,
emails, texts,
post).
In the interests of national
security.
Prevention and detection of
serious crime.
Safeguarding the economic
well-being of the UK.
Intelligence Services:
– Government
Communications
Headquarters (GCHQ)
– Security Service (SyS)
– Secret Intelligence
Service (SIS)
Serious Organised Crime
Agency (SOCA).
Who
oversees the
responsible
use of
power?
Oversight
conducted by the
Interceptions of
Communications
Commissioner.
Scottish Crime and Drugs
Enforcement Agency (SCDEA).
Metropolitan Police (Met).
Police Service for Northern
Ireland (PSNI).
Scottish Police forces.
HM Revenue and Customs
(HMRC).
Defence Intelligence Staff (DIS).
5