Report of the Interception of Communications Commissioner - 2016
Figure 10 2016 Errors breakdown by Responsible Party and Cause.
DP 2.9%
Incorrect rank 0.2%
DP did not approve
acquisition 2.7%
serious errors 2.6%
incorrect comms
address 6.4%
incorrect date /
time period 26.5%
excess data 2.7%
incorrect time /
date period 4.2%
incorrect comms
address 3.8%
CSP
11.6%
SPoC
43.5%
applicant
other 0.2%
incorrect date /
time period 7.4%
applicant
39.4%
incorrect
type of
data 10.2%
SPoC other 0.4%
(inc. incorrect statutory purpose
& determining journalistic sources)
incorrect
communications
address 31.8%
Figure 10 shows the breakdown of the 1,101 errors that occurred in 2016, by responsible
party and cause. A comparison with the 2015 figures reveals that the biggest single cause
of error remains the submission of incorrect communications addresses by applicants.
SPoCs are responsible for 43.3% of errors. This is largely because of the complexity of
their role, and the amount of manual typing that is still sometimes required of them.
Serious Error Investigations
Paragraph 6.22 of the Code introduced a discretionary power for the Commissioner
to investigate reportable errors deemed to be of a “serious nature”. In such cases, the
Commissioner may investigate the circumstances that led to the error and assess the
impact of the error on the affected individual’s rights. The Commissioner may inform the
affected individual and notify them of their right to make a complaint to the Investigatory
Powers Tribunal.
This discretionary power supplements the Commissioner’s duty in paragraph 8.3 of the
Code. This requires the Commissioner to inform any individual who has been adversely
affected by a wilful or reckless error.
I have determined that a “wilful” failure may arise for the purposes of Paragraph 8.3 of
the Code of Practice when any person within a relevant public authority intentionally
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