18. Not all local authorities make use of their powers, some only making
minimal use or not using them at all. I will return to this later. Each inspection
may take anything from one to four days. Most can be completed in one or two
days and I anticipate that once all the first inspections have taken place then
future inspections should not take more than one or at the most two days. After
each inspection a Report is written and recommendations made.
Inspections of Police Forces
19. The Police Forces who had, before the introduction of RIPA, obtained
communications data primarily through the communications service providers
making disclosures under the Data Protection Act, have acclimatised themselves
to the new procedures. They are now required to comply not only with the
legislation, but also with the draft Code of Practice which has been prepared by
the Home Office in collaboration with the Association of Chief Police Officers
(ACPO), and representatives of the local authorities and the communications
service providers (CSPs). The draft Code of Practice has been through several
drafts and much consultation, and has now been approved by Parliament and will
come into force from 1st October 2007. In the initial stages there were some
complaints that the legislation and/or its processes were over-bureaucratic, and
difficult to manage. It is quite complex, but not difficult and it is designed to
ensure that all acquisition and disclosure of communications data is carried out
lawfully and that the rights of the citizen are properly protected. Police Forces
have acclimatised themselves to the legislation and the draft Code of Practice, and
now find that they are quite simple to comply with.
20. Reflecting what appears in paragraph 16 above, the primary objectives of
the inspection of Police Forces are to:
(a)
ensure that the systems in place for acquiring and utilising communications
data are sufficient for the purposes of the Act, and that all relevant records
have been kept for inspection;
(b) ensure that all acquisition of communications data has been carried out
lawfully and in accordance with the Human Rights Act, Chapter II of Part I
of RIPA and the draft Code of Practice;
(c)
provide independent oversight of the process and ensure that the data which
has been obtained was necessary and proportionate to the conduct being
undertaken;
(d) ensure that errors are being reported and that the systems are reviewed and
adapted in the light of any exposed weaknesses or faults;
(e)
identify good and bad practice, and disseminate the findings after
consultation with the Home Office;
(f)
ensure that persons engaged in the acquisition and disclosure of data are
adequately trained and are aware of the relevant parts of the legislation.
21. The Inspectors found on the whole that the standard applied was good.
Inevitably there were some failings. Full reports were prepared, together with
Action Plans with recommendations. These Reports are forwarded to the relevant
Chief Constable. In every instance, the Reports have been welcomed and the
Action Plans and recommendations have been accepted.
Acquisition of data by Local Authorities and other
Public Authorities
22. As indicated in paragraph 12 above, 474 Local Authorities are empowered
to obtain communications data, of whom only 122 made use of their powers to
acquire communications data during the period covered by this Report. A total of
1,694 requests were made for communications data by these Local Authorities
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