2012 Annual Report of the Interception of Communications Commissioner
6.6.4 Meeting with Scottish Ministers
I met the Scottish Cabinet Secretary for Justice during my inspection of the Scottish Police forces
and Scottish Government in October 2012. He took the opportunity to discuss the forthcoming
merger of the Scottish Police forces and the SCDEA into one Police Service, describing the
likely structure of Police Scotland when it comes into being on 1st April 2013. He expressed
satisfaction in relation to the information he received to support the warrants he signed. I
took the opportunity to discuss my non-statutory prison inspection regime in relation to the
interception of prisoners’ communications and offered to provide more information on the
regime. The Minister showed a genuine willingness to involve IOCCO in an inspection process
and gave an undertaking to discuss the matter with the head of the Scottish Prison Service.
6.6.5 Meeting with Defence Secretary
I met with the Defence Secretary in December 2012.We had a very general discussion about the
warrants that he signs and the responsibilities of the MoD more broadly.
6.7 Communication Service Providers (CSPs)
I have continued the practice as in previous years of making informal annual visits to communication
service providers (CSPs). These meetings, not required by the legislation, are again reflective of
the good relationships between the CSPs, the intelligence community and myself. The purpose
of these visits, many of which take place out of London, is for me to meet senior staff and
individuals engaged in lawful interception and acquisition of communications data, in order to be
briefed on changes to technology and working relationships between the intercepting agencies,
public authorities and CSPs. The staff within the CSPs welcome these visits and the opportunity
to discuss with me their work, the safeguards that they employ, issues of concern and their
relationships with the intercepting agencies. I have attempted where possible to resolve any
difficulties that have arisen between the intercepting agencies, public authorities and CSPs. I also
take the opportunity to discuss any errors / breaches in further detail. As with members of the
agencies engaged in interception work, I believe that those small numbers of staff who work
within this field in CSPs are committed, professional and have a detailed understanding of the
legislation and appropriate safeguards. They recognise the importance of the public interest and
national security implications of their work, and undertake it diligently and with significant levels
of dedication.
6.8 Summary of Lawful Intercept Compliance
It is my view, based on the range of checks I undertake as Commissioner, that those agencies
and departments which I oversee are compliant with the legislation. I have observed, both this
year and during previous years that questions concerning the strength of the intelligence case,
compliance with legalities and ethics are posed at every stage of the warrant application process.
Through my meetings with officers involved in interception, in addition to the Secretaries of
State, I am able to form the view that all those involved act with integrity and in a highly ethical
manner.
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