2012 Annual Report of the Interception of Communications Commissioner
Which What is the When can this power
section Power?
be used?
of
RIPA?
Who can use the
power?
Who
authorises
use of this
power?
Who
oversees the
responsible
use of
power?
Oversight
conducted by the
Interception of
Communications
Commissioner
through a team
of inspectors.
Pt. 1
Chapter
2
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.
In the interests of national
security.
A wider group of public
authorities can use the
powers provided under
Prevention and detection
Chapter 2 of the act than
of crime or prevention of
those under Chapter 1,
disorder.
including police forces,
intelligence agencies, other
Safeguarding the economic
enforcement agencies and
well-being of the UK.
local authorities. The full
In the interests of public safety. list of public authorities and
For the purpose of protecting their respective authorising
personnel can be found in
public health.
the Statutory Instrument
For the purpose of assessing
(SI) at http://www.legislation.
or collecting any tax, duty,
gov.uk/uksi/2010/480/pdfs/
levy or other imposition,
uksi_20100480_en.pdf.
contribution or charge payable
to a government department. It is important to note that
although the list of bodies is
For the purpose, in an
larger, they have not all been
emergency, of preventing death given the same powers. The
or injury or any damage to a
bodies are restricted in both
person’s physical or mental
the statutory purposes for
health, or of mitigating any
which they may acquire data
injury or damage to a person’s under Section 22(2) and the
physical or mental health.
type of data they may acquire
under Section 21(4). These
For any additional purpose
restrictions will be discussed
specified by an order from the
later in my report.
Secretary of State.
A senior official
in that public
authority (as
specified on the
SI link).
Pt. III
The
investigation of
electronic data
protected by
encryption.
Interests of national security.
Authorisation is Oversight is
most frequently conducted by the
by a judge.
Interception of
Communication,
Intelligence
Services and
Surveillance
Commissioners’,
except when
authorised by a
judge.
Prevention and 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
Any public authority.