2011 Annual Report of the Interception of Communications Commissioner
4.
MY AREAS OF OVERSIGHT
My role is tightly defined in RIPA; Section 57 (2) of the Act provides that I keep under review the
following:
• “The exercise and performance by the Secretary of State of the powers and duties conferred
or imposed on him by or under sections 1 to 11.” This refers to the use of, and authorisation
systems in place to control the use of, lawful intercept techniques. What is meant by lawful
intercept techniques is more fully explained in section 6.
• “The exercise and performance, by the persons on whom they are conferred or imposed, of
the powers and duties conferred or imposed by or under Chapter II of Part I.” Put simply, this
is my assessment, through a team of inspectors, of the performance of the public authorities
that can acquire communications data. We check that the public authorities are using the
powers legally and responsibly.
• “The exercise and performance by the Secretary of State in relation to information obtained
under Part I of the powers and duties conferred or imposed on him by or under Part III.” This
refers to the investigation of electronic data protected by encryption etc.
• “The adequacy of the arrangements by virtue of which (i) the duty which is imposed on the
Secretary of State by section 15, and (ii) so far as applicable to information obtained under
Part I, the duties imposed by section 55, are sought to be discharged.” This refers to the
safeguards put in place for the protection of the material gathered.
In essence my inspectors and I act as auditors.We look at the materials on which decisions were
made, how those materials were processed, and consider whether the decision was necessary
and proportionate. Also in many cases we are able to see what was achieved as a result.
It is also my function under RIPA to give the Investigatory Powers Tribunal, also set up under
RIPA (s.65), such assistance as may be necessary in order to enable it to carry out its functions.
The Tribunal hears complaints in relation to the use of RIPA powers. In practice my assistance
has rarely been sought, and it was not sought at all in 2011, but when sought it has willingly been
given.
Part III of RIPA details my oversight function in respect of encryption. Encryption is defined as the
scrambling of information into a secret code of letters, numbers and signals prior to transmission
from one place to another. Encryption is used not only by criminals and terrorists but also by
hostile foreign intelligence services to further their interests.
In addition my predecessor agreed to undertake the oversight of the lawful interception of the
communications of prisoners, and my inspectors have continued to do that work.
My remit is therefore quite extensive, but it is circumscribed. I do not have blanket oversight
of the intelligence or law enforcement agencies, and I am not authorised to oversee all of their
activities. But I do have a constructive relationship with them. They consult me, and I assist when
I can.
8