Report of the Interception of Communications Commissioner - March 2015
and processed by the CSP who provides network access; and other providers of
telecommunication services accessed via a network connection.
7.6
The definitions of service use and traffic data (see sections 21(4)(a), (b) and
21(6)) are, in our view, still generally fit for purpose, albeit they can be difficult to
understand without proper explanation especially when considering the developments
in communications technology since the RIP Bill was debated. The volumes and detail
contained, especially in traffic data, are at a level not envisaged in 2000. The introduction
of mobile phone networks with capacity to be able to provide access to radio & television
channels, social networking and other services is staggering and so is the volume and
detail of the data generated as a result, especially relating to the location of a mobile
phone / end user device. The amount of information collected by the provider of a
communications service about the people to whom they provide a service has also
increased considerably and this means that the definition of “subscriber information”
potentially now covers a wider catchment of data than originally available. Furthermore
it is sometimes difficult to determine what constitutes the content of a communication
within the online environment. RIPA 2000 refers to content several times but content
itself is never defined. In December 2014 my office published our submission to the
Investigatory Powers Review30 and this explains some of the pressing issues in this regard.
Applications for Communications Data
7.7
There are a number of public authorities with statutory power to apply for
communications data under Chapter II. These include:
•
•
•
•
•
•
Police forces
National Crime Agency (NCA)
Her Majesty’s Revenue and Customs (HMRC)
Security Service (Mi5)
Secret Intelligence Service (Mi6)
Government Communications Headquarters (GCHQ),
7.8
In addition, there are other public authorities specified under section 25(1) by order
of the Secretary of State. The additional public authorities are listed in the Regulation of
Investigatory Powers (Communications Data) Order 2010 (Statutory Instrument No. 480)
as amended31.
7.9
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. There is huge variance in the extent to
which these powers are utilised by the different public authorities. Only one quarter
30 http://www.iocco-uk.info/docs/IOCCO%20Evidence%20for%20the%20Investigatory%20Powers%20
Review.pdf
31 http://www.legislation.gov.uk/uksi - Statutory Instruments (SIs) 2011/2085, 2012/2007, 2013/472,
2013/602, 2014/549, 2015/228
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