Report of the Interception of Communications Commissioner - March 2015
Communications Data Errors
7.96 There is provision in the Acquisition and Disclosure of Communications Data
code of practice (Paragraphs 6.9 – 6.25 refer) for errors. There are two categories of
errors; reportable and recordable errors.
7.97 Recordable error. In cases where an error has occurred but is identified by the
public authority or the CSP without data being acquired or disclosed wrongly, a record
will be maintained by the public authority of such occurrences. These records must be
available for our inspections. They must include details of the error and;
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explain how the error occurred,
provide an indication of what steps have been, or will be, taken to ensure that
a similar error does not reoccur.
7.98 The public authority’s SRO must undertake a regular review of the recording of
such errors.
7.99 Reportable error. Where communications data is acquired or disclosed wrongly
a report must be made to me within no more than five working days of the error being
discovered. (Paragraphs 6.13 & 6.17 of the code of practice). The error report must include
details of the error and;
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explain how the error occurred,
indicate whether any unintended collateral intrusion has taken place,
provide an indication of what steps have been, or will be, taken to ensure that
a similar error does not reoccur.
7.100 The total number of communications data errors reported to my office in 2014
was 998, which includes 13 found during inspections. This is slightly higher than last
year’s reported figure of 970 . The 998 errors should be seen in context of the 517,208
notices and authorisations.
7.101 In terms of how errors are counted, one erroneous act will typically correspond
to one erroneous result (e.g. an applicant submits a request for subscriber data on the
wrong telephone number and erroneous subscriber details are acquired). However on
occasions one erroneous act, particularly where it relates to the programming of a system,
may have multiple consequences and result in a larger number of erroneous disclosures.
7.102 In 2014 84.8% of the errors were attributable to public authorities, 14.3% to CSPs
and 0.9% to other parties. Figure 13 shows the breakdown of errors by responsible party
and cause. Errors mainly occur when public authorities erroneously seek, or CSPs wrongly
disclose, communications data on the incorrect communications address (45.3%); or data
for the incorrect time period (27.3%); or the wrong type of data (13.3%) on the correct
communications address.
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