Annual Report of the
Interception of
Communications Commissioner
for 2001
Introduction
I was appointed the Interception of Communications Commissioner on 11
April 2000 under the provisions of the Interception of Communications Act
1985, and as from 2 October 2000 under section 57 of the Regulation of
Investigatory Powers Act 2000. This is my second annual report as
Commissioner which covers the year ending 31 December 2001.
2. I have followed the same practice as in previous years of giving as much
information as I can in the first part of my Report. Those matters that cannot be
fully explained without disclosing sensitive information relating to particular
agencies or to individuals or the organisations concerned are contained in the
confidential annex.
Functions of the Commissioner
3. The coming into force of the Regulation of Investigatory Powers Act 2000
(RIPA) on 2 October 2000 coincided with the coming into force of the Human
Rights Act 1998 (HRA) which incorporated the European Convention on
Human Rights into UK law. These two important pieces of legislation brought
about a number of changes in the law and in the practice of those responsible
for the lawful interception of communications.
4. My functions as Commissioner are set out in section 57 of the Act and are as
follows:
●
To keep under review the carrying out by the Secretary of State of the
functions conferred on him by sections 7 to 11 of RIPA and the adequacy
of any arrangements made for the purpose of sections 15 and 16 of
RIPA.
●
To keep under review the exercise and performance by the Secretary of
State of the powers and duties conferred or imposed by or under
Chapter II of Part I (the acquisition and disclosure of communications
data).
●
To give the Investigatory Powers Tribunal set up under section 65 of
RIPA all such assistance as the Tribunal may require for the purpose of
enabling them to carry out their functions under that section. I give
further information about the Tribunal in paragraphs 62 to 64 below.
Discharge of my functions
5. In my first report last year I referred in some detail to the impact of the
enactment of the Regulation of Investigatory Powers Act 2000, and the
incorporation of the European Convention on Human Rights into the law of
the United Kingdom had on the interception of communications generally, and
on government agencies concerned with interception, and on my consequent
duties referred to above. I also said that in this year’s Report I would give a
more detailed assessment of the impact of this legislation and I do so later in the
Report.
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