Report of the Interception of Communications Commissioner - July 2016
IOCCO in connection with some of those cases as highlighted by the IPT in its recent
report.3
1.8
In 2015 new legislation was introduced relating to areas that are overseen by
IOCCO and there were also a number of changes to the existing Codes of Practice for
processes overseen by IOCCO. For example, public consultations concerning the Code
of Practice for the Interception of Communications and the Code of Practice for the
Acquisition and Disclosure of Communications Data led to revised Codes of Practice
being issued.
1.9
These not insignificant changes necessitated IOCCO altering its inspection regimes
and, in some instances, providing guidance or further clarification to public authorities
concerning the operational implications of the legislative and other changes.
1.10 IOCCO continued to undertake its audits of public authorities’ use of these intrusive
powers under existing legislation and to make recommendations to improve compliance.
In 2015 IOCCO carried out 172 inspections of public authorities and prisons and made
849 recommendations to improve compliance or to improve the systems and procedures
for the interception of communications or the acquisition of communications data. Last
year IOCCO reviewed over 1000 errors and conducted detailed investigations into those
deemed to be serious. We are grateful for the assistance received from Communication
Service Providers (CSPs) and public authorities with those investigations, and in particular
the work that those bodies undertake to prevent recurrence.
1.11 In February 2015 IOCCO published its inquiry report on the acquisition of
communications data by police forces to identify or determine journalistic sources. The
Prime Minister accepted the recommendations from that report immediately and the law
was changed to provide more protection for journalistic sources.4
1.12 IOCCO assisted Her Majesty’s Inspectorate of Prisons (HMIP) to carry out its
investigation into the interception of telephone calls between prisoners and their
Members of Parliament (MPs).5
1.13 In October 2015 IOCCO started its review of directions issued under section 94
of the Telecommunications Act 1984. Our review report was published on 7 July 2016.6
1.14
Since my appointment I have reviewed a number of cases and exercised my
3 http://www.ipt-uk.com/docs/IPT_Report_2011_15.pdf
4 The Serious Crime Act which received Royal Assent on 3 March 2015 amended section 71 of RIPA to
require the revised Code of Practice to include provision designed to protect the public interest in
the confidentiality of journalistic sources. On 25 March 2015, the revised Acquisition and Disclosure
of Communications Data Code of Practice came into effect requiring all law enforcement agencies to
seek judicial authorisation when applying for communications data to identify or determine journalistic
sources.
5 http://www.iocco-uk.info/docs/Prison%20communications%20report%20(print%20-%20correct).pdf
6 http://iocco-uk.info/docs/56208%20HC33%20WEB.pdf
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