21. The objectives of the Inspectors are to ensure that communications data is
being acquired in accordance with the Act and the Code of Practice, and in
particular to ensure that the principles of necessity and proportionality are being
complied with, and to ensure that relevant records are kept, that errors are
reported, and that training is adequate. In this way independent oversight is
provided and good and bad practice is identified and fed back into the inspection
process.
22. Since they commenced their inspections in the autumn of 2005, the Chief
Inspector and the Inspectors have undertaken thirty-eight inspections of police
forces and nine other law enforcement agencies, twenty-two inspections of local
authorities and eighty three inspections of prisons. 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 five 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 which may run from about thirteen to about twenty-five
typed pages. The Inspectorate has worked hard to achieve this in a comparatively
short time and I hope that they will complete the inspections of all prisons and
police forces and all local authorities who are making use of their powers by
about the end of 2006. They have worked extremely hard to achieve what they
have in such a short time and are to be congratulated.
Inspections of Police Forces
23. The Police Forces who had, before the introduction of RIPA, obtained
communications data primarily through the service providers making disclosures
under the Data Protection Act, took some time to all acclimatise 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 Code of Practice has been through several drafts and much
consultation, and will be ready for approval by the Home Secretary shortly. In the
initial stages there were some complaints that it was 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 Code of Practice, and now
find that they are quite simple to comply with. Much work has gone into the
preparation of the Code of Practice and the Home Office is to be congratulated
on what it has achieved.
24. 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;
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