2011 Annual Report of the Interception of Communications Commissioner
Error reporting represents a significant component of my oversight function.The likelihood of my
selecting a faulty warrant as part of my inspection visits, is reduced by the fact that the agencies
themselves report errors to me when they are discovered, in addition to making information
about these errors available for review during inspection visits. Due to the greater number of
communications data requests in the UK, errors are both reported by public authorities and as
set out in this report, discovered by my inspectors during their inspection visits. I am confident
that errors are generally reported on time, in full and that steps are taken to reduce the likelihood
of such errors being repeated.
I recognise that there are proposals to update interception legislation and reform intelligence
oversight. It is my belief that lawful interception and the use of communications data represent
significant, cost-effective tools in the fight against the growing number and variety of threats faced
by the citizens of the UK. There is a substantial structure which has been developed to ensure
that the use of interception and communications data is properly authorised as an investigative
technique. I believe it is right to update the legislative framework so far as is necessary to ensure
that investigative techniques keep pace with new forms of communications usage by those who
wish to do harm to the UK. However, I also believe that any increase in powers should be
properly overseen within a balanced system.
Balance is a key component of the current system of intelligence oversight in the UK. It should be
preserved in any future reforms. Our system of oversight, which involves judicial, parliamentary
and internal scrutiny, despite being to some extent an accident of history, appears to work
effectively. The public authorities seem to welcome my oversight, within the context of a
mutually beneficial, constructive relationship based on trust and openness. Any reform of the
system should seek to preserve this balance and not place any additional burden on those public
authorities who seek to protect the UK.
Finally, I would like to restate, as in previous years, that my work would not be possible without
the secretariat and inspectors who work with me. I also extend my thanks to Sir Mark Waller,
the Intelligence Services Commissioner and members of the Investigatory Powers Tribunal. They
have all done excellent work and I continue to be very grateful.
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