3.30 It is perhaps inevitable that some mistakes will be made, especially when
public authorities are dealing with large volumes of communications data in
complex investigations. Overall the error rate is low and indeed minute when
compared to the huge number of requests which were received by the CSPs during
the course of the reporting year.
3.31 The urgent oral process should only be used when a person’s life might be
endangered if the application procedure was undertaken in writing from the outset,
or when an opportunity to make arrests or seize illicit material may be lost. It is also
accepted that police forces will need to use the urgent oral process when dealing
with sudden deaths, serious injuries and vulnerable persons if undertaking the
application process in writing from the outset would cause unnecessary suffering
and trauma to the next of kin.
3.32 Good use is being made of the urgent oral process to acquire communications
data when there are immediate threats to life. Usually this applies when vulnerable
or suicidal persons are reported missing but the process is also used in kidnap
situations or in other crimes involving serious violence. During the inspection
of the 33 police forces and law enforcement agencies last year the urgent oral
process was used on over 3,300 occasions in connection with enquiries involving
immediate threats to life. This is an important facility, particularly for police forces,
and the interaction between relevant police staff and CSPs saves lives across the
country on a continuous basis. Variable standards were found in the management
of the process and the quality of the record-keeping. Some police forces achieved
very good standards but others did not do as well and my Inspectors have therefore
formulated and disseminated some guidance as to good practice which should
ensure that there is a better level of consistency.
3.33 It is estimated that well over 80% of the requests for communications data
are for subscriber information and they can only be approved by an Inspector or
above. The requests for the more intrusive types of communications data must be
approved at Superintendent level or above. The inspections have established that
a good level of independence and objectivity exists in the approvals process and
generally designated persons in police forces and law enforcement agencies are
discharging their statutory responsibilities effectively. Each application must be
vetted by an accredited officer before it is submitted to the Designated Person for
approval.
3.34 A decision has been taken by the Association of Chief Police Officers’ Data
Communications Group (ACPO DCG) that the National Policing Improvement
Agency (NPIA) take over responsibility for the training and accreditation of SPoC
staff with effect from March 2009. I believe it is very important that all staff who
are involved in the acquisition of communications data are well trained and they
maintain their skills levels to the best possible standards. My Inspectorate has a
very close working relationship with the ACPO DCG and senior policymakers
in the Home Office who formulate policy and co-ordinate all matters relating to
communications data with public authorities, industry and other external agencies
such as the NPIA. In phase 3 of the inspection programme the Inspectors will be
carrying out checks in this area to ensure that accredited staff are complying with
the guidelines and that they attend the ACPO DCG training workshops which are
delivered with the assistance of the CSPs on a regular basis.
3.35 Under the Code of Practice I have the power to direct a public authority
to provide information to an individual who has been adversely affected by any
willful or reckless failure in the exercise of powers under the Act. So far it has
not been necessary for me to make such a direction but there is no room for
complacency and each police force and law enforcement agency understands that
it must strive to achieve the highest possible standards. Relevant staff in police
forces and law enforcement agencies have responded positively to the inspections
and they understand that they are an essential part of my oversight responsibilities.
Police forces and law enforcement agencies are now well accustomed to dealing
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