Communications Data Errors
What is a communications data error?
Paragraphs 6.11 to 6.28 of the Acquisition and Disclosure of Communications Data Code
of Practice explain the point at which errors occur and the actions required of the public
authority or the Communication Service Provider (CSP).
An error may occur when a designated person:
has granted an authorisation and the acquisition of data has been initiated; or
has given notice and the notice has been served on a CSP.
There are two categories of errors: reportable and recordable.
Recordable errors: When an error has occurred but is identified by the public authority
or the CSP without data being wrongly acquired or disclosed, a record will be maintained
by the public authority. The record will explain how the error occurred and provide an
indication of steps taken to ensure that a similar error does not recur. Inspectors examine the
recordable errors along with any steps the public authority has taken to prevent recurrence.
An example of this category of error would be an incorrect transposition of information
that does not result in the wrongful acquisition or disclosure of communications data, for
example if an incorrectly typed phone number is invalid.
Reportable errors: A reportable error occurs when an error leads to communications data
being acquired or disclosed. In some instances, wrongful disclosures infringe the rights
of individuals unconnected with the particular investigation or operation. Reportable
errors must be reported to my office within five working days of their being discovered
(see paragraphs 6.15 and 6.19 of the Code). The error report must explain how the error
occurred, indicate whether any unintended collateral intrusion has taken place, and provide
an indication of the steps that have been or will be taken to ensure that a similar error does
not recur. An example of a reportable error would be a case where an incorrectly typed
phone number is valid, and information relating to it is disclosed to the public authority.
The vast majority of reportable errors are self-reported to my office by public authorities
and CSPs. I am glad to record that there remains a very strong culture of self-reporting
by both public authorities and CSPs.
Error Statistics
Usually one human mistake will result in one erroneous disclosure (e.g. an applicant submits
a request for subscriber data on the wrong telephone number and erroneous subscriber
details are acquired). However, when the error is caused by a technical system, for example a
CSP’s secure disclosure system, one error could well result in multiple erroneous disclosures.
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