Report of the Interception of Communications Commissioner - July 2016
powers under Paragraphs 6.22 and 8.3 of the Code of Practice for the Acquisition and
Disclosure of Communications Data, to make determinations relating to serious errors or
wilful or reckless conduct, and to inform affected individuals to enable them to consider
whether to make a complaint to the IPT.
1.15 Throughout this report we touch on these substantial matters in detail. At the
end of each of the main sections of this report we have included “Points of Note” which
summarise the contents of those sections. In Annex D we have included a glossary of
terms and abbreviations.
1.16 Overall I concur with the view of my predecessor that the inspections carried out
by IOCCO show that the staff within the public authorities and prisons have a desire to
comply with the legislation and to achieve high standards in the work that they carry out.
There is a strong culture of compliance and of self-reporting when errors occur. There is
however always room for improvement. It is vital for IOCCO to continue to review the use
of these intrusive powers with an independent eye to ensure that those who exercise the
powers to protect the public in the interests of national security, to save life or to prevent
or detect crime are doing so with sufficient consideration of the effect that the powers
may have on fundamental rights and freedoms, such as the right to privacy and the right
to freedom of expression.
1.17 There is significant public debate not only about the privacy implications of the
public authorities’ use of these intrusive powers, but also about the capabilities that
the public authorities might require, the adequacy of the safeguards in the proposed
legislation and, the effectiveness of the proposed oversight mechanisms. We shall
continue to work with Parliament and the Government to ensure that the UK has legislation
governing interception and communications data techniques that provides sufficient
clarity, forseeability and transparency, which contains adequate human rights protections
and safeguards, and which provides effective oversight and remedy mechanisms. IOCCO
continues to contribute to the debates on, and scrutiny of, the IP Bill.
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