2013 Annual Report of the Interception of Communications Commissioner
4.5
Annex A provides tabulated details of the additional public authorities with
statutory power to acquire communications data given to them by Parliament to enable
them to carry out their public responsibilities. As I will outline later in this section, around
one third of these public authorities actually acquired communications data in 2013.
4.6
The giving of lawful authority for acquiring communications data is set out in the
statute and is undertaken by a senior designated person (DP) within the public authority
acquiring it. Under Part I Chapter II and the associated Code of Practice there has to be;
•
•
•
•
an applicant, a person who wants to acquire the communications data for
the purpose of an investigation. The applicant has to complete an application
form. The application must provide in structured form the details required by
paragraph 3.5 of the Code of Practice.
a designated person (DP), who is a person holding a prescribed office in the
relevant public authority. The DP’s function is to decide whether authority
to acquire the communications data should be given. Their function and
duties are described in paragraphs 3.7 to 3.14 of the Code. Except where it
is unavoidable or for reasons of urgency or security, the DP should not be
directly involved in the relevant investigation. The DP has to decide whether
it is lawfully necessary and proportionate to acquire the communications data
to which the application relates.
a single point of contact (SPoC) who is an accredited individual or group of
accredited individuals trained to facilitate lawful acquisition of communications
data and effective co-operation between a public authority and CSPs. Their
functions are described in paragraph 3.15 to 3.21 of the Code – see in particular
the list of functions in paragraph 3.17. These include:
��◦ advising both applicants and DPs on the interpretation of RIPA 2000 Part I
Chapter II, in particular whether it is appropriate to give the authority; and
◦◦ providing assurance to DPs that the application is free from errors and
that granting it would be lawful under the Act.
a senior responsible officer (SRO) within the public authority, who is
responsible for the integrity of the process within that public authority to
acquire communications data and for compliance with Part I Chapter II of the
Act and the Code of Practice.
4.7
Essentially there are two methods for acquiring communications data – an
authorisation under section 22(3) or a notice under section 22(4). An authorisation is
effected by a person from the relevant public authority engaging in conduct to acquire
the communications data. A notice is effected by requiring a CSP to disclose the data to
the relevant public authority.
4.8
An authorisation or notice to acquire communications data must comply with the
formalities required by section 23(1) to (3) of RIPA 2000. They have a maximum period
of validity of one month (section 23(4)) and may be renewed by the same procedures
under which they were given in the first place (section 23(5)). There are provisions for
cancellation if it is no longer necessary or proportionate to acquire the communications
data.
20