2012 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 upon 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 interception. What is meant by
lawful interception 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 2
of Part I. This refers to the acquisition and use of communications data. What is meant by
communications data is more fully explained in Section 7.
• 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.
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.
• 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 under Chapter I, and, the duties imposed by section 55 (so far as applicable) to
information obtained under Part III.
It is also my function under RIPA to give the Investigatory Powers Tribunal, set up under Section
65 of RIPA, 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 2012, but when sought it has willingly been
given.
In addition my predecessor agreed to undertake a non-statutory oversight regime in relation
to the interception of prisoners’ communications and my team has continued to do that work.
My remit is therefore quite extensive, but it is circumscribed. I do not have blanket oversight of
the intelligence agencies, wider public authorities or prisons, and I am not authorised to oversee
all of their activities. In essence my inspectors and I act as auditors in relation to RIPA. We look
at the information on which decisions were made, consider whether the decisions taken were
necessary and proportionate, and, examine how the material was acquired, handled and used.
Also in many cases we are able to see what was achieved as a result.
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