2013 Annual Report of the Interception of Communications Commissioner
Points of Note
Communications Data
In 2013, 514,608 authorisations and notices for communications data under RIPA
2000 Part I Chapter II were approved.
214 public authorities acquired data in 2013.
87.7% of the 514,608 authorisations and notices were made by police forces and
law enforcement agencies, 11.5% by the intelligence agencies and less than 1%
by local authorities and other public authorities (regulatory bodies with statutory
functions to investigate criminal offences and smaller bodies with niche functions).
The statistical requirements in the Acquisition and Disclosure of Communications
Data Code of Practice are flawed and inadequate. Our office has consulted with
the Home Office and set out the revisions and enhancements that we believe
are necessary both to assist us with our oversight role, and, to inform the public
better about the use which public authorities make of communications data. The
unreliability and inadequacy of the statistical requirements is a significant problem
which requires attention.
In 2013 our office conducted 75 communications data inspections. Our inspections
are structured to ensure that key areas derived from Part I Chapter II and the Code
of Practice are scrutinised. Our inspectors have full access to the workflow systems
used by public authorities and interrogate them. 299 recommendations emanated
from these inspections, on average 4 recommendations for each public authority.
970 RIPA 2000 Part I Chapter II communications data errors were reported to
our office in 2013, 87.5% were attributable to public authorities and 12.5% to
Communication Service Providers (CSPs).
Almost half of the errors were caused by data being requested on the incorrect
communications address. Public authorities and CSPs must take action to reduce
this type of error. Our investigations have shown that in a large number of instances
this type of error could have been avoided.
My office is in the process of undertaking an inquiry into whether there might be an
institutional overuse of authorisations to acquire communications data under RIPA
Part I Chapter 2. I will report on this inquiry when my investigation is complete, but
in any event in my report for 2014.
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