92
IPCO Annual Report 2018
13.18
We identified that several councils have set up working groups to discuss emergent
issues and provide updates on changes in national or local RIPA/RIP(S)A policy. We were
pleased that this approach enables the Senior Responsible Officer (SRO) to comply with
their responsibilities under the CoP, and to establish an environment of preparedness
and awareness.
Communications Data (CD)
13.19
Local authorities can only apply for subscriber information, which may identify the
registered user of a telephone number or email service. Consequently, the use of CD
in local authorities has been of limited use and, during 2018, across the 400 plus local
authorities that were listed under RIPA, only 147 applications were made from just 68
authorities. Examples of when they have been used are for investigations into offences
under Trading Standards legislation of selling dangerous, illicit or counterfeit goods, or to
help identify persons responsible for illegal industrial waste disposal. However, we believe
that the small numbers of applications sought under RIPA are indicative of the often
bureaucratic process of authorisation.
Case study: how CD is used by local authorities
A local authority investigated the activities of a suspected organised crime gang (OCG) believed
to be operating a “rogue trader” scam contrary to the Fraud Act 2006 and the Consumer
Protection from Unfair Trading Regulations 2008. Analysis of communications data allowed the
authority to identify and prove links between the group.
Initial evidence identified five victims who had paid for unnecessary or overpriced roofing
repair work, and a sixth who had paid into a financial investment scam. The payments
totalled £887,500.
Each victim provided a telephone number from which they had received communication in
relation to the work and investment scam. The council used communications requests and
analysis to confirm other communication sources related to signatories for the bank accounts
into which the money was paid.
Five defendants were charged with money laundering and conspiracy to defraud. The evidence
obtained via NAFN communication data requests was admissible in evidence, demonstrating
relationships between the defendants. Communication analysis was also able to rule out other
individuals and potential lines of enquiry.
13.20
Local authorities request communications data via a SPoC at NAFN. Judicial approval must
then be granted under sections 23A and 23B of RIPA (as amended by The Protection of
Freedoms Act 2012). In England, Wales and Northern Ireland, applications are considered
by a magistrate and in Scotland a sheriff. The accredited SPoCs at NAFN scrutinise the
applications independently, providing advice and guidance to applicants and designated
persons ensuring the local authority acts in an informed and lawful manner, and will
acquire the data from the provider once the application has been approved.
13.21
Of those applications, the majority related to requests for subscriber information in
relation to telephones which were identified by the applicant as relating to the suspect of
their investigation.