Report of the Interception of Communications Commissioner - March 2015
issued or granted in 2014 was 517,236 which although higher than the previous year,
does not represent a significant increase.
7.22 The urgent oral process is used to acquire communications data where there is
no time to complete the normal written process. For example, in circumstances where
there is an immediate threat to life, an urgent operational requirement relating to
serious crime or a credible threat to national security. In 2014 there were 55,346 notices
and authorisations given orally. This represents an increase on the 42,293 notices and
authorisations given orally in 2013. Our inspections have identified that much of this
increase is due to the police providing an enhanced emergency response to trace missing
children at risk of sexual exploitation. I note that the draft code of practice has clarified
that the section 22(2)(g) statutory purpose33 may be used in circumstances where there
is serious concern for the welfare of a vulnerable person.
7.23 Annex B of this report provides a breakdown of the 517,236 notices and
authorisations by public authority. The number of notices given and authorisations
granted by public authorities is only indicative of the amount of communications data
acquired and must be treated with caution for the reasons I outlined in paragraph 4.19
of my 2013 Annual Report. Essentially it would be inappropriate to draw comparisons
between the public authorities as they apply different counting mechanisms and rules. It is
important therefore that the numbers are not used to produce league table comparisons.
7.24 The new statistical requirements in the amended draft code of practice will require
public authorities to record the number of applications for communications data and the
individual items of data requested. The latter of which should be a more meaningful figure
than the number of authorisations and notices. It is also likely to be higher. In November
2014 my office published a diagram to assist understanding as to the relationship and ratio
between the number of notices & authorisations and applications34. Our estimate at that
time was that the ratio was an average of 2.5:1 notices & authorisations to applications.
7.25 This year I used my power under section 58(1) of RIPA 2000 to require public
authorities to collate the number of applications for communications data that were
approved. Previously my office had only been able to estimate this statistic from limited
data sets. In total there were 267,373 applications and so the actual ratio of notices &
authorisations to applications in 2014 was 2:1.
7.26 Figure 6 shows the breakdown of notices and authorisations by type of data
under section 21(4). Almost half of the requirements were for subscriber information
under section 21(4)(c). The breakdown is much the same as for 2012 and 2013.
7.27 Figure 7 shows the breakdown of the 517,236 notices and authorisations by type
of public authority. 88.9% of these were made by police forces and law enforcement
33 RIPA 2000 s.22(g) for the purpose, in an emergency, of preventing death or injury or any damage to a
person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental
health;
34 http://www.iocco-uk.info/docs/Relationship%20between%20applications,%20authorisations,%20
notices%20and%20items%20of%20data.pdf
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