2013 Annual Report of the Interception of Communications Commissioner
with longer retention periods. I have recognised that there may be legitimate
differences of opinion as to what periods should be applied.
3.54 Having received this tabulated information, I was able to discuss it in detail with
each of the interception agencies during my autumn 2013 inspections. I received technical
briefings from systems administrators and IT staff and demonstrations where relevant.
This enabled me to report back to the interception agencies with a summary of my
understanding of their systems in this respect and, in some instances, recommendations
for adjustments.
3.55 What this investigation has demonstrated is that indiscriminate retention for long
periods of unselected intercepted material (content) does not occur. If it did, it would
be a breach of section 15(3) of RIPA 2000. The interception agencies delete intercepted
material (if it is retained at all) after short periods, and in accordance with section 15(3)
of RIPA 2000.
3.56 Lawfully intercepted related communications data are in some instances retained
for a variety of longer periods. On this point, I have yet to satisfy myself fully that some
of the retention periods are justified. To an extent, this is work in progress which I shall
carry forward. I have made some recommendations in this area and I have required the
relevant agencies to report back to me on their progress. In the main, the recommended
adjustments comprise a shortening of some individual retention periods or, if not,
providing me with more persuasive reasons for keeping the current periods. I shall report
further in due course once this work is completed.
3.57 I have in addition asked all the interception agencies to maintain their tabulated
schedules and keep them up to date.
Interception Errors
3.58 It is my duty under sections 58(2) and (3) of RIPA 2000 to report to the Prime
Minister any contravention of the provisions of the Act, or, any inadequate discharge of
section 15 duties (safeguards).
3.59 My predecessors have disclosed the number of errors that have been reported to
them each calendar year. This is in principle straightforward for Chapter II communications
data, but less so for the interception of communications. This is because, although there
is specific provision for errors in the Acquisition and Disclosure of Communications
Data Code of Practice (paragraphs 6.9 - 6.25 refer), there is no similar provision in the
Interception of Communications Code of Practice. As a consequence there is no mention
of the word “error” or related definition for interception. This leaves the interception
agencies and my office struggling with an ill-defined framework. However, in my
experience the interception agencies are keen to come forward and report to my office
any instances which they judge to be errors.
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