Interception of Communications Tribunal

Interception of Communications Act 1988 & Regulation of Surveillance Act Etc. Act 2006

The Interception of Communications Tribunal deals with those who believe that they have a complaint or a Human Rights Claim against any of the Intelligence Agencies or public authorities with intrusive powers.

The Tribunal was established under the Interceptions of Communications Act 1988 (IoC Act) and makes provision for anyone who believes that communications sent to or by him or her have been intercepted in the course of their transmission by post or by means of a courier service or a public telecommunications system to apply to the Tribunal for an investigation.

The Tribunal also has jurisdiction in relation to certain surveillance matters under the Regulation of Surveillance Etc. Act 2006 (ROSE Act). The Tribunal investigates and determines complaints of unlawful use of covert techniques by public authorities infringing rights to privacy and claims against intelligence or law enforcement agency conduct which breaches a wider range of human rights.

The Tribunal is appointed by the Appointments Commission under a delegated function from the Governor and consists of three members; a Chairman, who is an advocate and two other members. Currently:

• Mr P Morris – Chairman
• Mr I Cochrane
• Mr H Killip

The Tribunal is assisted by a Clerk provided by the Tribunals’ Centralised Administration of the General Registry.

The primary areas of legislation relevant to the operation of the Tribunal are:

• The Interception of Communications Act 1988
• The Interception of Communications act 2001
• The Regulation of Surveillance Etc Act 2006

(copies of which are accessible via the links below).

All references to, and copies of, applicable primary legislation is correct at the time of publication.

Applicants and interested persons should contact Tynwald Library (contact details are available on the Tynwald website at www.tynwald.org.im) to satisfy themselves as to whether the legislation is relevant to their concerns and is still current or indeed has been updated.

Making an Application

In the case of:

• IoC Act : matters are considered to be ‘applications’

[s(9)2)'.….may apply to the Tribunal….']

• ROSE Act : matters are considered to be ‘complaints’ or ‘proceedings’

[various, including s24(2) and s(26)2 '….in relation to any proceedings….' and '….to consider and determine any complaints made to them….'

In both cases applications (or proceedings/complaints) must contain sufficient information to enable the Tribunal to consider the particulars of the case.

• Name of applicant

• Address of applicant

• Contact telephone numbers

• Name and address of applicant’s advocate (if applicable)

• Brief outline of grounds for application

• A signed declaration: example, as follows:

I hereby make application to the Tribunal (delete as applicable):

• for an investigation under Section 8(2) of the Interception of Communications Act 1988 (as amended by the Interception of Communications Act 2001) [or]

• for consideration and determination under Section 24(2)(b) of the Regulation of Surveillance Act 2006

• Signature: (applicant/advocate for applicant)

(Note: further information may be requested from the Tribunal as it determines necessary from time to time)

Making an application - Important note

All correspondence must be marked:

‘Confidential – Addressee Only’

Enquiries

Contact details for the Clerk to the Tribunal are shown below, although please note that the Clerk will only be able to offer procedural information; the Clerk is not able to offer advice. Any advice required should be sought from legal and/or other appropriate sources.

Contact details for Clerk to the Tribunal:

Role of the Interceptions Commissioner

The role of the (Interception of Communications) Commissioner is to carry out functions specified within section 9 of the IoC Act, specifically:

• To keep under review the carrying out by the Chief Minister of the functions conferred on him by sections 2 to 5 (of the Act) and the adequacy of any arrangements made for the purposes of section 6, and
• To give to the Tribunal all such assistance as the Tribunal may require for the purpose of enabling them to carry out their functions under the Act

Further information regarding the Interception of Communications Commissioner can be found on the Interception of Communications Commissioners webpage

A separate role of Surveillance Commissioner also exists, appointed by the Department of Home Affairs, details of which can be found at the Surveillance Commissioner webpage.

Disclaimer

This explanatory text is provided only for general information purposes concerning the Tribunal and does not constitute a full definitive breakdown of its jurisdiction, constitution or operation. Persons requiring further or more expansive details should consult either the aforementioned legislative sources or seek appropriate legal advice.