IPCO Annual Report 2017
8.22
If the application is authorised, a notice will be issued to a CSP to disclose the requested
data. In order to facilitate the secure and swift disclosure of communications data, many
CSPs have systems in place for the SPoCs to access the authorised communications data
directly, while maintaining the security of the information and an audit trail.
8.23
An authorisation or notice to acquire communications data must comply with the
requirements of RIPA 2000. They are valid for a maximum period of one month and can
be renewed by the same procedure under which they were originally authorised. If it is no
longer necessary or proportionate to acquire the communications data, the authorisation/
notice must be cancelled.
8.24
Once the SPoC acquires the data he or she ensures it complies with the authorisation or notice
and thereafter provides the data to the applicant.
The National Anti-Fraud Network (NAFN) – Local authorities
8.25
The Protections of Freedoms Act 2012 introduced an additional safeguard for the 429 local
authorities in England and Wales, Scotland and Northern Ireland which have the power
to acquire communications data. Under this safeguard, authorisations granted or notices
served do not have effect until such time as a relevant judicial authority has approved the
authorisation or notice, or any renewal.
8.26
To standardise the process by which applications are made, all local authorities are required
to channel their submissions to acquire communications data through the SPoC at NAFN.
NAFN’s role is to ensure that the requests are legally compliant.
Urgent oral applications
8.27
Authorisations and notices must be given in writing although, in urgent circumstances,
an application and its authorisation can be handled orally. Such circumstances include:
• where there is an immediate threat to life such that a life might be endangered if the
application was made in writing;
• an urgent operational requirement where data acquired within 48 hours would assist with
the prevention and detection of serious crime, and operational opportunities might be
lost if the application was made in writing; or
• a time-critical threat to national security.
Examples of the use of urgent oral applications
8.28
As above, it is helpful to provide some examples of when such applications might be used:
• An urgent operational requirement would include situations when children were at
immediate risk of being abused or otherwise significantly harmed. A typical example of
this would be when a young girl has entered into an online relationship with a person
purporting to be a boy of her age and leaves home to meet this individual, perhaps at a
pre-arranged time and location. If it is suspected that the girl’s contact is an adult who
intends sexually to exploit her, the police could acquire communications data, using the
urgent oral procedures, to identify any relevant online or telephone contact. This could
include possible information as to the location of the child and the suspected adult.
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