IPCO Annual Report 2017
14.46
One of the most challenging issues facing a public authority is when an application results
in inaccurate data being returned by a service provider. In three investigations in which this
occurred, if the authority had looked for corroborating material it is likely that ill-founded
searches and arrests would not have taken place.
14.47
The same principle applies to flawed applications that are based on a transposition error:
corroboration reduces the risk that mistakes will be made.
14.48
It follows that IPCO strongly recommends that corroboration is sought whenever possible.
Transposition
14.49
Transposition errors are reduced whenever public authorities adopt the Guide to Good
Practice. This will happen, for instance, if an investigator types the wrong IP address when
copying the information from one system or document to another. The Guide’s requirement
that the source of the IP address is attached for all IPAR requests has been of considerable
assistance in reducing errors.
14.50
Urgent cases pose a particular problem because the relevant documents are not always
available.
14.51
In one investigation the time and dates of two relevant IPs were confused.
14.52
In a further Investigation, a vital full stop was omitted when typing the username.
14.53
It follows that IPCO strongly recommends that every reasonable step is taken to ensure
accuracy when transposing information. In his half yearly report in 2015, the then Interception
of Communications Commissioner, Sir Anthony May, provided recommendations to reduce the
incidence of errors, and these remain a useful guide to public authorities and CSPs:64
• Ensure that applicants, SPoCs, SROs and the CSP staff dealing with disclosure requests
are fully aware of the potentially serious implications of human errors.
• Enhance the capability of applicants to improve their ability to transfer electronically
(e.g. copy and paste) the communications addresses and relevant dates / times /
time‑zones into their applications when the original source information is electronically
held.
• Greater adherence should be paid to paragraph 3.68 of the code – the telephone numbers
(or other identifiers) should be read twice and then repeated back during an urgent oral
process.
• When there is more than one IP address relating to an incident, or more than one date
or time, the public authority should consider resolving more than a single instance to
provide a comparison between the results.
• Enhance the ability of SPoCs to check the source information on which the applicant based
their application, to enable the SPoC to check that the applicant correctly interpreted the
source information (for example he or she converted the time zones correctly).
64 https://www.ipco.org.uk/docs/iocco/2015%20Half-yearly%20report%20(web%20version).pdf
99