2012 Annual Report of the Interception of Communications Commissioner
6.2 Inspection Regime
There has been, over the recent past, significant interest in my inspection visits in relation to lawful
interception under Part I, Chapter 1 of RIPA.This section, to the extent allowed without revealing
sensitive details, provides further information on how such inspection visits are conducted.
My primary role in relation to the oversight of lawful interception is that of an auditor
retrospectively examining interception warrants twice a year. I visit each agency entitled to
obtain authority to intercept. Before each visit I obtain a full list of extant warrants, and lists
of warrants which have been modified or cancelled since my last visit. From these lists I make
my selection of warrants to be examined in depth at the time of my inspection. Sometimes the
agencies draw attention to warrants which they consider that I should review, but it is important
that to a substantial extent the selection should be random. I am satisfied that the lists supplied
to me are complete. If they were not the omission would be likely to emerge because I also
inspect the warrantry documents held by the Warrant Issuing Departments of State from which
warrants are obtained.
When the inspection takes place I examine the warrants and supporting paperwork presented to
the Secretary of State. I need to be satisfied that at the time when the warrant was obtained, the
Secretary of State was entitled to conclude that it was necessary and proportionate to grant it
for one of the statutory purposes, despite the intrusion of privacy that was likely to be involved,
and that the justification for the warrant persists if it remains extant. I also check the paperwork
to ensure that it is complete, that warrants have been renewed in time, and have been cancelled
when no longer justifiable. I seek to satisfy myself that the relevant safeguards within the Code of
Practice have been adhered to. I discuss the rationale behind the warrants with the agency staff
and the benefit derived from the warrant. I am also able to view the product of any interception
that may have been authorised. As last year, I have set out in Figure 3 the stages and purposes of
a typical inspection visit.
12