2013 Annual Report of the Interception of Communications Commissioner
4.29 I do not consider that this is a matter that can properly be scrutinised by looking
only at individual requests, which, taken alone, may be entirely justified. It is, I think,
necessary to take a much broader view of institutional assumptions and use. Since a
very large proportion of these communications data applications come from police and
law enforcement investigations, it may be that criminal investigations generally are now
conducted with such automatic resort to communications data that applications are
made and justified as necessary and proportionate, when more emphasis is placed on
advancing the investigations with the requirements of privacy unduly subordinated.
4.30 The SPoCs have an essential role to play here in using their experience to
challenge the investigative strategy underlying the applications which they oversee. Of
course it is not their task to impede the proper progress of criminal investigations. This
particularly applies to applications which are properly urgent, for instance, if there is a
kidnapping or a life at risk. But our inspectors have found instances where applications
are marked urgent when in truth they are not, or where there has been delay in making
the application. The very fact of delay sometimes suggests that the necessity for the
application may be questionable. More generally, a proper regard for privacy could mean
that a proportion of applications currently routinely promoted as necessary could be
seen as inadequately justified.
4.31 I will report on this inquiry when my investigation is complete, but in any event
in my report for 2014.
Inspection Regime
4.32 Objectives of the inspections. The primary objectives of the inspections are to
ensure:
•
•
•
•
•
that the systems in place for acquiring communications data are sufficient for
the purposes of the Act and that all relevant records have been kept;
that all acquisition of communications data has been carried out lawfully and
in accordance with Part I Chapter II and its associated Code of Practice;
that the data acquired was necessary and proportionate to the conduct
authorised;
that errors are being ‘reported’ or ‘recorded’ and that the systems are reviewed
and adapted in the light of any exposed weaknesses or faults.
that persons engaged in the acquisition of data are adequately trained and
are aware of the relevant parts of the legislation.
4.33 Number of inspections. The 8 full time inspectors undertake the communications
data inspections. In 2013 our office conducted 75 communications data inspections
broken down as follows: 43 police force and law enforcement agency, 1 intelligence
agency, 17 local authority and 14 ‘other’ public authority inspections. Communications
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