Report of the Interception of Communications Commissioner for 2002

I have continued my practice of making twice yearly visits to the Security Service, the Secret Intelligence Service, GCHQ, the National Criminal Intelligence Service, the Special Branch of the Metropolitan Police, Strathclyde Police, the Police Service for Northern Ireland,HMCustoms and Excise, the Foreign and Commonwealth Office, the Home Office, the Scottish Executive and the Ministry of Defence. Prior to each visit I obtain a complete list of warrants issued or renewed since my previous visit. I then select, largely at random although there have been occasions where I have indicated specific cases that I want to see, a sample of warrants for close inspection. In the course of my visit I satisfy myself that the warrants fully meet the requirements of RIPA, that proper procedures have been followed, that the relevant safeguards and codes of practice have been followed. During each visit I review each of the files and the supporting documents and discuss the cases directly with the operational officers concerned. I can view the product of interception. It is important to ensure that the facts justify the use of interception in each case and those concerned with interception fully understand the safeguards and the codes of practice.

I have been very impressed by the quality, dedication and enthusiasm of the personnel carrying out this work on behalf of the government and the people of the United Kingdom. They show that they have a detailed understanding of the legislation and strive assiduously to comply with the statutory criteria and, in my view, there is very little, if any, danger that an application which is defective in substance will be placed before the Secretary of State. Where errors have occurred, which I refer to below (and in detail in the Confidential Annex) these have been errors of detail and not of substance. All errors are reported to me and if there is any product it is immediately destroyed. In conforming to the statutory duty placed on them, the agencies have made available to me everything that I have wished to see or hear. They welcome the oversight of the Commissioner, both from the point of view of seeking his advice, which they do quite frequently, and as a reassurance to the general public that their activities are overseen by an independent person who has held high judicial office. I am also left in no doubt as to the agencies’ anxiety to comply with the law. In a case of doubt or difficulty, they do not hesitate to contact me.

During the year I have also seen the Home Secretary, the Foreign Secretary, the Secretary of State for Northern Ireland, the Secretary of State for Defence and the First Minister for Scotland. I have been impressed with the care that they take to satisfy themselves that the warrants are necessary for the authorised purposes. If the Secretary of State has any doubts about the application and is minded to refuse it, further information or clarification would be sought so that reconsideration is given to issuing or renewing a warrant. Outright refusal of an application is comparatively rare because of the care with which applications are prepared by the agency concerned and scrutinised by the senior officials in the Secretary of State’s department before they are submitted to him. However, I view the occurrence of occasional outright refusals, where for example, the strict requirements of necessity and proportionality are not met in the opinion of the Secretary of State, as a healthy sign. It shows that the Secretaries of State do not act as a «rubber stamp».

During 2002 I also visited the communications service providers (CSPs), that is to say the Post Office and major telephone companies. Each of the CSPs employs personnel who are engaged solely on the execution of interception of communications warrants. They have acquired expertise in their field and, again, in the course of my visits, I was impressed by the care, interest and dedication of these employees to their work in this sensitive area and with their understanding of the need at all times to comply with the safeguards imposed on them.

2002 Report of UK Interception Communications.pdf

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2002 Report of UK Interception Communications.pdf