2011 Annual Report of the Interception of Communications Commissioner

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?

Who
oversees the
responsible
use of
power?

Pt. 1
Chapter
II

A senior official
in that public
authority (as
specified on the
SI link).

Oversight
conducted by the
Interceptions of
Communications
Commissioner
through a team
of inspectors.

The
acquisition of
communications
data (the ‘who’,
‘when’ and
‘where’ of a
communication).
The distinction
between
this and the
interception of a
communication
will be further
clarified in the
following parts
of this report.

Pt. III

The
investigation of
electronic data
protected by
encryption.

In the interests of national
security.

A wider group of public
authorities can use the powers
provided under Chapter 2
Prevention and detection
of the act than those under
of crime or prevention of
Chapter 1, including police
disorder.
forces, intelligence agencies,
other enforcement agencies
Safeguarding the economic
and local authorities. The full
well-being of the UK.
list of public authorities and
In the interests of public
their respective authorising
safety.
personnel can be found in
the
Statutory Instrument
For the purpose of
(SI)
at http://www.legislation.
protecting public health.
gov.uk/uksi/2010/480/pdfs/
For the purpose of assessing uksi_20100480_en.pdf.
or collecting any tax, duty,
It is important to note that
levy or other imposition,
although the list of bodies is
contribution or charge
larger, they have not all been
payable to a government
given the same powers. The
department.
bodies are restricted in both
For the purpose, in an
the statutory purposes for
emergency, of preventing
which they may acquire data
death or injury or any
under Section 22(2) and the
damage to a person’s
type of data they may acquire
physical or mental health,
under Section 21(4). These
or of mitigating any injury
restrictions will be discussed
or damage to a person’s
later in my report..
physical or mental health.
For any additional purpose
specified by an order from
the Secretary of State.
Interests of national security. Any public authority.
Prevention / detection of
crime.
Interests of economic wellbeing of United Kingdom; or
For the purpose of securing
the effective exercise or
proper performance by
any public authority of any
identified statutory power
or statutory duty.

6

Authorisation is Oversight is
most frequently conducted by the
by a Judge.
Interception of
Communications,
Intelligence
Services and
Surveillance
Commissioners,
except when
authorised by a
judge.

Select target paragraph3