Report of the Interception of Communications Commissioner - July 2016
Section 2
IOCCO’s Role
2.1
IOCCO’s principal duty is to assist the Commissioner to carry out his review of the
exercise and performance, by the relevant secretaries of state and public authorities, of
the powers under Part 1 (and to a limited extent Part 3) of the Regulation of Investigatory
Powers Act (RIPA). IOCCO undertakes a number of other oversight functions, some of
which are carried out on a non-statutory basis. Figure 1 describes the functions of IOCCO.
2.2
The Commissioner is independent of Government and Parliament and must
report half-yearly7 to the Prime Minister on the carrying out of his functions. Independent
oversight plays a key role in contributing to accountability. The purpose of oversight is
to ensure that there are strong checks and balances, demanding and visible safeguards,
and that public authorities are held to account. It is to check that action undertaken
Figure 1 IOCCO’s oversight functions
Interception of Communications
under Chapter 1 of Part 1 RIPA
(statutory)
Acquisition & Disclosure of
Communications Data under Chapter 2
of Part 1 RIPA
(statutory)
Encryption notices issued by the
Secretary of State under Part 3 RIPA in
relation to information obtained under
Chapter 1 of Part 1 RIPA
(statutory)
Complaints of unintentional unlawful
electronic interception (which attract a
civil monetary penalty) under section
1(1A) of RIPA
(statutory)
Section 94 of the Telecommunications
Act 1984
(non-statutory)
Interception of Prisoners’ Communications
under the Prison Act 1952 and Prison Act
(Northern Ireland) 1953 (in prisons in
England, Wales & Northern Irleand)
(non-statutory)
Prisons (Interference with Wireless
Telegraphy) Act 2012
(conduct in England & Wales only)
(non statutory)*
Section 80 of the Serious Crime Act 2015
(conduct in England & Wales only)
(non statutory)*
*We have recently been asked by the Home Office & Ministry of Justice to undertake this additional oversight on a
non-statutory basis. We have agreed, subject to receiving a formal direction from the Prime Minister and some additional
resources.
7 The half-yearly requirement was introduced under the Data Retention and Investigatory Powers Act
(DRIPA) 2014 and therefore expires with the DRIPA sunset clause on 31 December 2016. From 1 January
2017 IOCCO will revert to annual reports to the Prime Minister, unless new legislation is in force and
provides otherwise.
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@iocco_oversight