The Interception of Communications Commissioner
The Interception of Communications Commissioner, The Right Honourable Sir Paul Kennedy keeps under review:
- the Secretary of State’s role in issuing warrants for the interception of communications
- the procedures adopted by those agencies involved in interception under warrant, to ensure they are compliant with RIPA.
- the procedures adopted by any other organisations that assist those agencies in warranted interception.
- the adequacy of arrangements made by the Secretary of State for the handling and protection of intercepted material.
- With the commencement of Part I Chapter II, and Part III of RIPA, the Interception of Communications Commissioner will also have responsibility for overseeing:
- the work of all organisations involved in the acquistion of communications data.
- notices authorised by the Secretary of State ordering the decryption of data acquired by interception.
- the adequacy of arrangements made by the Secretary of State for the protection of communications data and encryption keys for intercepted material.
Part of the Commissioner’s oversight regime includes biannual inspection visits to those agencies conducting warranted interception and the departments of the relevant Secretaries of State. He also makes annual visits to Communications Service Providers charged with maintaining an interception capability and providing assistance to the agencies.
All members of an organisation that has carried out or given assistance in the interception of communications, are required to provide any information and assistance to enable the Commissioner to carry out his functions.
On 5 January 2004, Chapter II of Part I of RIPA came into force enabling specific organisations approved by Parliament to acquire communications data. In view of the number of organisations empowered, a Chief Inspector and a team of Inspectors were appointed to support the Commissioner in his oversight responsibility for this area of his work.
The Commissioner also undertakes oversight of the interception of communications in prisons. This is a non statutory role and in practice most of the inspections are conducted by his Inspectors.
All oversight under Chapter I of Part I of RIPA (Interception of Communications) continues to be carried out by the Commissioner himself.
All breaches of legislation or Codes of Practice are reported to the Commissioner and included in his annual report to the Prime Minister, which also documents his findings on the work of the Security, Intelligence and law enforcement agencies throughout the previous year. The Prime Minister then lays a copy of the report before each house of parliament.
The report is divided into a publishable section and a confidential annexe. The publishable section includes as much information as possible without compromising the work of the Intelligence Services and Law Enforcement Agencies. The confidential annexe is not published due to its sensitivity.
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