2012 Annual Report of the Interception of Communications Commissioner

Figure 3 – An Inspection Visit

Stage

Selection Stage

Description

Warrant Issuing Department (WID)
or Law Enforcement Agency (LEA)
provide list of extant, expired and
modifications to authorisations since
last inspection visit.
Agencies also commonly refer
Commissioner to specific cases of
interest concerning either errors or
legal issues.

Purpose

Checks are made by WID and Secretariat
to ensure all authorisations are submitted.
To ensure the random nature of
inspections and ensure all warrants have an
equal chance of being selected for review.

Commissioner randomly selects a
number of warrants and authorisations
for further scrutiny on inspection day.
Inspection Day
(up to 1 month
later)

Follow-up stage

Brief by senior officials on threat and
emerging policy issues.
Reading through and scrutinising
authorisations. Pre-reading time can
be set aside to ensure Commissioner
has had time to review all paperwork
related to authorisations prior to
inspection visit.

To provide Commissioner with a general
operational overview as to the nature of
the threat in relation to which applications
for authorisations may be sought.
Commissioner seeks to reassure himself
that throughout the authorisation process
the principles of necessity, proportionality
and other safeguards have been applied.

Where necessary, oral briefings
provided by case officers to
detail intelligence case behind the
submissions and answer any questions
the Commissioner has.

Specific focus on ensuring renewals are
submitted in good time and that urgent
oral applications really are urgent.

Meetings with relevant Secretary of
State. Discussions with Senior Officials
at Department of State through
whom submissions go before reaching
Secretary of State.

Ensure getting best value from
Commissioner’s expertise.

Report of Inspections within Annual
Report. Informal consultation between
the Intercepting Agencies and
Commissioner on challenging legal or
policy issues.

Characteristic of an effective relationship
between the Commissioner and the
Intercepting Agencies.

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