Report of the Interception of Communications Commissioner - July 2016
Section 1
Introduction
1.1
I was delighted to be appointed by the Prime Minister to undertake this important
role at what is an especially significant and challenging time for investigatory powers. I
took up my appointment on 4th November 2015 which coincided with the introduction
of the Investigatory Powers Bill (IP Bill) into Parliament.
1.2
This report covers the work the Interception of Communications Commissioner’s
Office (IOCCO) conducted during the calendar year of 2015. Much of the work that this
report covers was undertaken prior to my taking up office. For this reason I have decided
to retain the form and some of the legislative background and explanatory content from
IOCCO’s previous reports.
1.3
I would like to acknowledge the work undertaken by my predecessor, the Rt
Hon. Sir Anthony May to increase transparency and improve the public and Parliament’s
understanding of IOCCO’s oversight regime and how the interception and communications
data powers are used by public authorities. IOCCO have worked tirelessly to continue this
important work, whilst carrying out its considerable inspection duties and investigations,
and did so without a Commissioner for a significant period in 2015 owing to the failure
of the Government to appoint a Commissioner when my predecessor stepped down in
July 2015.
1.4
2015 was a significant and incredibly busy year for the matters which IOCCO is
responsible for overseeing.
1.5
Three independent reviews reported on the capabilities and powers required by
law enforcement and the intelligence agencies, the regulatory and oversight frameworks
and the privacy and security implications of the powers. IOCCO published written
evidence1 to David Anderson QC’s review and gave oral evidence to the Intelligence and
Security Committee (ISC) and the Royal United Services Institute (RUSI) reviews during
which we shared our experiences, concerns, observations and findings.
1.6
The reports2 of these reviews were comprehensive and, as well as informing the
public and political debate, they set out an extensive series of proposals for reform.
After publication of the three independent reviews, the Government committed to bring
forward a draft IP Bill by Autumn 2015 for scrutiny in Parliament by a Joint Committee of
both Houses and stated that it would take into account the findings and recommendations
of the reviews.
1.7
In addition, a number of cases relating to the legislation that IOCCO oversees,
were taken to the Investigatory Powers Tribunal (IPT). The IPT required assistance from
1 http://www.iocco-uk.info/docs/IOCCO%20Evidence%20for%20the%20Investigatory%20Powers%20
Review.pdf
2 Privacy and Security Inquiry by the Intelligence and Security Committee (ISC) reported in March 2015
http://isc.independent.gov.uk/news-archive/12march2015. David Anderson QC’s Investigatory Powers
Review reported in June 2015 https://terrorismlegislationreviewer.independent.gov.uk/a-question-oftrust-report-of-the-investigatory-powers-review/. The Independent Surveillance Review by the Royal
United Services Institute (RUSI) reported in July 2015 https://rusi.org/sites/default/files/20150714_
whr_2-15_a_democratic_licence_to_operate.pdf .
www.iocco-uk.info
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