Interception of Communications
The Regulation of Investigatory Powers Act entitles a number of organisations to intercept telephone calls (sometimes called telephone "tapping") or post and e-mail in the exercise of their duties.
The Tribunal is the correct place to complain if you think your communications, by telephone, post or e-mail, have been intercepted by one of the following organisations:
- One of the Intelligence Services
- Serious Organised Crime Agency (SOCA)*
- Metropolitan Police
- The Police Service for Northern Ireland (PSNI)
- A Scottish Police Force
- HM Revenue & Customs (HMRC)
- One of H.M Armed Forces
*SOCA carries out authorised interception on behalf of a number of UK public authorities, but predominantly for the police.
Any of the heads of these organisations may submit an application for an interception warrant. A submission is made to the Secretary of State who may then authorise the issue of a warrant, but only on the grounds of national security, prevention or detection of serious crime, or safeguarding the economic well-being of the United Kingdom. The Secretary of State must also be satisfied that such action is necessary, proportionate to what is sought to be achieved, and that the information obtained could not be acquired by other means.
The Tribunal can investigate whether these requirements and conditions have been met, and that the proper authorisation has been sought and approved throughout the interception process.
If you believe that an organisation or individual other than those mentioned above has intercepted or interfered with your communications, this will generally be unlawful, and you should report the matter to the police.
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