Investigatory Powers Commissioner

Last updated
Investigatory Powers Commissioner
Sir Brian Leveson.jpg
since October 2019
Investigatory Powers Commissioner's Office
AbbreviationIPC
Appointer Prime Minister
Term length 3 years, renewable
Constituting instrument Investigatory Powers Act 2016
Formation3 March 2017
DeputyDeputy Investigatory Powers Commissioner
Website https://www.ipco.org.uk/

The investigatory powers commissioner (IPC) is an "arms-length" public official in the United Kingdom who oversees the use of investigatory powers of public authorities such as police and law enforcement agencies, intelligence services, local councils and prisons. They lead the Investigatory Powers Commissioner's Office (IPCO) and are assisted in their functions by judicial commissioners, who are all required to have held high judicial office.

Contents

Since 2019 the investigatory powers commissioner has been Sir Brian Leveson. [1]

Formation

The role of the investigatory powers commissioner was created in the Investigatory Powers Act 2016 in order to provide independent oversight of the use of investigatory powers. [2] It merged the previous offices of the Office of the Surveillance Commissioners, the Interception of Communications Commissioner’s Office and the Intelligence Service Commissioner’s Office into one office with oversight over these areas along with the Office for Communications Data Authorisations. the first IPC, Sir Adrian Fulford was appointed in 2017. [3]

Role

The investigatory powers commissioner is appointed by the prime minister for a term of 3 years, which can be renewed, they are typically a former or current senior judge.

The investigatory powers commissioner and their office carry out their functions of ensuring the use of investigatory powers used by public authorities are lawful and necessary, [4] independently of the Government and although it works closely with it is not part of the Home Office. However, funding for IPCO is made available by the home secretary. [5] The commissioners annual report is submitted directly to the prime minister.

As part of the oversight powers of the IPC and their office, they have the power to inspect the use of investigatory powers of public bodies authorised to use them. Each inspection team is heading by a chief inspector. [6]

Agencies wishing to use certain intrusive investigatory powers such as targeted interception and intrusive surveillance require the authorisation of a judicial commissioner of the IPCO, this is known as the "double-lock" and ensures a check and balance on the use of intrusive investigatory powers. [7]

Any warrant issued by a secretary of state, minister or chief officer authorising the surveillance or interception of information must be approved by a judicial commissioner from the IPCO, and must meet the criteria necessary to authorise the warrant. [8]

Their remit extends to the oversight of investigatory powers of over 600 UK public bodies including: [9] [10]

Other public bodies the IPCO oversee include various other Police, Law Enforcement Agencies and public authorities. [11]

Judicial commissioners

The investigatory powers commissioner is assisted in their role by judicial commissioners, to be appointed as a judicial commissioner a person must have held judicial high cffice, as outlined under the Constitutional Reform Act 2005. There are currently 14 judicial commissioners in the IPCO. [12]

The IPC may appoint no more than two judicial commissioners to serve as deputy investigatory powers commissioner, while being DIPC they continue to be a judicial commissioner. [13]

The current DIPC is Sir John Goldring [12]

List of investigatory powers commissioners

PortraitNameTermPrime Minister

(who appointed)

Expereience
Adrian Fulford (cropped).jpg
Sir Adrian Fulford 3 March 2017 – 21 October 2019 Theresa May
Sir Brian Leveson.jpg
Sir Brian Leveson 21 October 2019 - Present Boris Johnson

Liz Truss

References

  1. ↑ "Investigatory powers Commissioner reappointment". GOV.UK. Retrieved 2024-11-12.
  2. ↑ "Investigatory Powers Commissioner - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  3. ↑ "Who is the Investigatory Powers Commissioner and what does the role involve?". itv.com/news.
  4. ↑ "What we do - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  5. ↑ "Who we are - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  6. ↑ "Inspections - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  7. ↑ "Authorisations - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  8. ↑ "Investigatory Powers Act". GCHQ.gov.uk.
  9. ↑ "Interception - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  10. ↑ "Home Office report on the operation of the Investigatory Powers Act 2016 (accessible version)". GOV.UK. Retrieved 2024-11-12.
  11. ↑ "Investigatory Powers Commissioner's Office". GCHQ.gov.uk.
  12. 1 2 "Judicial Commissioners - IPCO". www.ipco.org.uk. Retrieved 2024-11-12.
  13. ↑ "Investigatory Powers (Amendment) Act 2024". legislation.gov.uk.
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