Report of the Interception of Communications Commissioner - March 2015
of the public authorities with powers to acquire data actually used their powers during
2014, which is a lower proportion than in 2013 (approximately one third).
7.10 40% of the public authorities that have powers to acquire communications data
have never used their powers.
7.11 13 public authorities have recently had their powers removed. 4 of these had
never used their powers, and the remaining 9 collectively approved 103 applications for
communications data in 2014.
7.12 The giving of lawful authority for acquiring communications data is set out in
the statute and is undertaken by a Designated Person (DP) within the public authority
acquiring it. Under Part I Chapter II and the associated code of practice there has to be;
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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 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 of practice. 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 of practice – see
in particular the list of functions in paragraph 3.17. These include:
◦◦ advising both applicants and DPs on the interpretation of Chapter II
of Part I RIPA 2000, 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 RIPA 2000.
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 Chapter II of Part I
RIPA 2000 and the code of practice.
7.13 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.
www.iocco-uk.info
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