Report of the Interception of Communications Commissioner - July 2016
Section 6
Interception of Communications
6.1
In this section we provide an outline of the interception legislation, give details
of the interception inspection regime, provide statistical information about the use of
interception powers and outline the key findings from IOCCO’s inspections.
6.2
Before doing so, it is worth pointing out that we are constrained by the statutory
secrecy provisions in section 19 of RIPA forbidding disclosure of certain aspects of
interception, for example, the existence and contents of a warrant, the steps taken in
pursuance of a warrant, and everything in the intercepted material, together with any
related communications data. Because of this it is challenging to provide a full public
account of the interception that is undertaken.
Interception Legislation
6.3
Chapter 1 of Part 1 of RIPA (sections 1-20) covers the interception of
communications. The Interception of Communications Code of Practice29 provides
detailed guidance on the procedures that must be followed by public authorities before
interception of communications can take place under the provisions of RIPA. Unless
otherwise stated, references in this section to the Code of Practice mean the Interception
of Communications Code of Practice.
6.4
Section 72 of RIPA states that public authorities must have regard to the provisions
of the Code of Practice but that a failure on the part of any person to comply with any
provision of a Code of Practice shall not of itself render him liable to any criminal or civil
proceedings.
Applications for Interception Warrants
6.5
Part 1 of RIPA provides that the interception of communications may be authorised
by a warrant issued by the secretary of state under section 5(1). The conduct authorised
by an interception warrant includes any conduct necessary to obtain the content of the
communication and any related communications data (as defined in section 20 and
Chapter 2 of Part 1 of RIPA).
6.6
The Applicant. An interception warrant cannot be issued except in response to
an application made by or on behalf of the persons listed in section 6(2) of RIPA, who are:
•
•
•
•
the Director General of the Security Service (MI5);
the Chief of the Secret Intelligence Service (SIS);
the Director of the Government Communications Headquarters (GCHQ);
the Director General of the National Crime Agency (NCA) on behalf of the
29 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496064/53659_CoP_
Communications_Accessible.pdf
www.iocco-uk.info
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