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IPCO Annual Report 2018
Where a thematic warrant is in place:
Scenario A: Minor modification – An individual is named on the warrant and his mobile
telephone is subject to interception. The agency identifies a second mobile number used by
this individual. A Senior Official within that agency may consider whether it is necessary and
proportionate to additionally intercept that number.
Scenario B: Minor modification – The agency has been intercepting both telephones but
they are not producing valuable intelligence. The agency judges that it is not proportionate
to continue this interception and ceases intercepting both telephones. A Senior Official may
approve removing those telephone numbers from the warrant.
Scenario C: Major modification – A criminal associate of the named individual above is
identified. He is not named on the warrant but is involved in the same activity. The intercepting
agency assesses that it is necessary and proportionate to intercept his telephone. A Senior
Official at the Warrant Granting Department will consider whether it is necessary and
proportionate to intercept the telephone under the thematic authorisation.
Scenario D: New application – A criminal associate of the named and unnamed individual
is identified. Intelligence indicates that he is involved in different criminal activity, which is
not within the scope and objectives of the thematic warrant. The Secretary of State and a
Judicial Commissioner will consider whether it is necessary and proportionate to intercept his
telephone in the context of a specific threat case and details of the planned operation.
Changes to the acquisition of Communications Data (CD)
2.39
The IPA made substantial changes to the acquisition of CD, including by overhauling the
application process for this widely used tactic. Under an amendment to the IPA, from early
2019 non-urgent authorisations12 for CD will be independently reviewed by the Office
for Communications Data Authorisations (OCDA). OCDA, which is headed by the IPC but
is separate from IPCO, carries out the important function of safeguarding an individual’s
right to privacy under the Human Rights Act 1998 (HRA). The authorising officers will
make independent decisions on whether to grant or refuse CD requests, ensuring that all
requests to obtain CD by UK authorities are lawful, necessary and proportionate.
2.40
From 5 February 2019, local authorities may seek to acquire ‘events data’, including
itemised billing and cell site location for the purposes of investigations. This power was
not previously available to local authorities and marks a change in how they will be able
to progress independent investigations. It is important to note that, where such ‘events
data’ is sought for the prevention and detection of crime, local authorities, as well as law
enforcement, will need to demonstrate that the investigation meets the defined threshold
of serious crime.13 This means that the offence must be one:
• for which a person who has reached the age of 18 (21 in Scotland or Northern Ireland) is
at risk of being sentenced to a term of 12 months or more;
• which was committed by a corporate body;
• which involved violence or resulted in substantial financial gain or was committed by
many persons in pursuit of a common purpose;
12 With the exception of applications for the purposes of national security.
13 The definition of ‘serious crime’ is set out at s.263(1) of the IPA, as amended by s.86(2A).