OVERSIGHT paras 8.1 to 8.3
OVERSIGHT
8.1 The Act provides for an Interception of Communications Commissioner (‘the Commissioner’) whose remit is to provide independent oversight of the exercise and performance of the powers and duties contained under Chapter II of Part I of the Act.
8.2 This code does not cover the exercise of the Commissioner’s functions. It is the duty of any person who uses the powers conferred by Chapter II of Part I of the Act, or on whom duties are conferred, to comply with any request made by the Commissioner to provide any information he requires for the purposes of enabling him to discharge his functions.
8.3 Should the Commissioner establish that an individual has been adversely affected by any wilful or reckless failure by any person within a relevant public authority exercising or complying with the powers and duties under the Act in relation to the acquisition or disclosure of communications data, he shall, subject to safeguarding national security, inform the affected individual of the existence of the Tribunal and its role. The Commissioner should disclose sufficient information to the affected individual to enable him or her to effectively engage the Tribunal.