Report of the Interception of Communications Commissioner - July 2016
Section 8
Investigation of Electronic Data Protected by Encryption
8.1
Part 3 of RIPA contains powers for public authorities to require disclosure of
protected electronic information (electronic data) in an intelligible form or to acquire the
means by which protected electronic information may be accessed or put in an intelligible
form.
8.2
The requirements of Part 3 are supplemented in detail by a Code of Practice
“Investigation of Protected Electronic Information” laid before both Houses of Parliament
by the secretary of state and approved by a resolution of each House (sections 71(1),
(4), (5) and (9) of RIPA). The measures in Part 3 are intended to ensure that the ability
of public authorities to protect the public and the effectiveness of their other statutory
powers are not undermined by the use of technologies to protect electronic information
(such as passwords and encryption).
8.3
The National Technical Assistance Centre (NTAC), which provides technical
support to public authorities, particularly law enforcement agencies and the intelligence
services, includes a facility for the complex processing of lawfully obtained protected
electronic information. NTAC is the lead national authority for Part 3 of RIPA. No public
authority may serve any notice under section 49 of RIPA or, when the authority considers
it necessary, seek to obtain appropriate permission without the prior written approval of
NTAC to do so.
8.4
There are three Commissioners with responsibilities under Part 3: the Interception
of Communications Commissioner, the Intelligence Services Commissioner and the Chief
Surveillance Commissioner.
8.5
IOCCO’s responsibilities under Part 3 of RIPA are limited to keeping under review:
•
•
the exercise and performance by the secretary of state of the powers and
duties conferred or imposed on him by or under Part 3, particularly the grant
of appropriate permission for the giving of a section 49 notice in relation to
information obtained under Part 1 (intercepted material and other related
communications data); and
the adequacy of the arrangements for complying with the safeguards in
section 55 in relation to key material for protected information obtained
under Part 1.
8.6
Only persons holding office under the Crown, the police, a member of staff of
the NCA or the HMRC may have the appropriate permission in relation to protected
information obtained, or to be obtained, under a warrant issued by the secretary of state.
8.7
It is the duty of any person who uses the powers conferred by Part 3 of RIPA, or
on whom duties are conferred, to comply with any request made by a Commissioner to
provide any information he requires for the purposes of enabling him to discharge his
functions. The Commissioners’ oversight also extends to NTAC. We can confirm that in
2015 no section 49 notices were issued by any secretary of state in relation to information
obtained under Part 1 of RIPA (i.e. intercepted material and other related communications
data).
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