“3.5.1 Section 21(4) of RIPA defines ‘communications data’ as meaning any
of the following:
- Traffic Data – this is data that is or has been comprised in or attached to a
communication for the purpose of its transmission [section 21(4)(a)];
- Service Use Information – this is the data relating to the use made by a
person of a communications service [section 21(4)(b)];
3.5.2 Section 21(6) defines ‘traffic data’ for these purposes, in relation to
any communication, as meaning:
- any data identifying, or purporting to identify, any person, apparatus or
location to or from which the communication is or may be transmitted;
- any data identifying or selecting, or purporting to identify or select,
apparatus through which, or by means of which, the communication is or may
be transmitted;
- any data comprising signals for the actuation of apparatus used for the
purposes of a telecommunications system for effecting (in whole or in part) the
transmission of any communication; and
- any data identifying the data or other data as data comprised in or attached
to a particular communication, but that expression includes data identifying a
computer file or computer program access to which is obtained, or which is
run, by means of the communication to the extent only that the file or program
is identified by reference to the apparatus in which it is stored.”
30. The data provided does not contain communication content or Subscriber
Information or Internet Connection Records (§2.3). Subscriber Information is
defined at §3.5.1:
“Subscriber Information – this relates to information held or obtained by a
communications service provider about persons to whom the communications
service provider provides or has provided communications services [section
21(4)(c)].”
31. §2.4 sets out the requirements contained in section 94 itself that the Secretary
of State must be satisfied that a Section 94 direction is necessary and
proportionate:
“2.4 Any section 94 Directions under which this communications data is
acquired requires the relevant Secretary of State to be satisfied that
acquisition is necessary in the interests of national security or international
relations and that the level of interference with privacy involved in doing so is
proportionate to what it seeks to achieve.”
32. The requirement that acquisition, use, retention and disclosure of BCD have
“clear justification, accompanied by detailed and comprehensive safeguards
against misuse” and be “subject to rigorous oversight” is made clear (§4.0.1).
The Section 94 Handling Arrangements are intended to provide such
safeguards (§4.0.2).
44