Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers Act 2000

2000 CHAPTER 23

Other Authorisations

Part Iv:  Scrutiny Etc of Investigatory Powers and of the Functions of the Intelligence Services

Commissioners

Section 57:  Interception of Communications Commissioner

303. This Section provides for the appointment of an Interception of Communications Commissioner to replace the Commissioner appointed under the Interception of Communications Act 1985. This is currently Lord Justice Swinton Thomas.

304. Subsection (2) details the remit of the Interception Commissioner. This will involve reviewing:

• the Secretary of State’s role in interception warrantry;

• the operation of the regime for acquiring communications data;

• any notices for requiring the decryption of data authorised by the Secretary of State which relate to intercepted material or communications data;

• the adequacy of the arrangements made by the Secretary of State for the protection of intercepted material and by those persons listed in Section 55 for the protection of encryption keys for intercepted material and communications data.

305. Subsection (7) requires the Secretary of State to provide the Interception Commissioner with sufficient technical facilities and staff, after consultation with him. The provision itself places no limitation on the number of staff and (subject to Treasury approval as to numbers) allows flexibility over the numbers, grades and individuals.

306. Subsection (8) is a transitional provision allowing the existing Interception Commissioner to take office as the new Interception Commissioner on the coming into force of this section.