3.42 I am aware that some local authorities have recently been criticised for
the inappropriate use of other powers which are conferred upon them under
RIPA. However, no evidence has emerged from the inspections which have been
conducted during the last three years to indicate communications data is being
used to investigate offences of a trivial nature, such as dog fouling or littering. On
the contrary it is evident that good use is being made of communications data to
investigate the types of offences which cause harm to the public and to which I
have already alluded in paragraph 3.40 above.
3.43 In the early part of last year a huge number of local authorities received
requests under the Freedom of Information Act for disclosure of their inspection
reports. The Code of Practice permits local authorities to disclose these reports but
they must consult me first. If necessary certain information may be redacted from
these reports as there are exemptions which may be applied under the Freedom
of Information Act. For example, if the disclosure of certain information may
compromise an ongoing investigation or reveal tactical methods which are used to
combat crime.
3.44 I have already expressed my views on this matter in paragraph 3.7 of this
report and I believe that it is in the public interest that public authorities should
demonstrate they make lawful and effective use of regulated investigatory powers.
This report should provide the necessary reassurance that the use which public
authorities have made of their powers has met my expectations and those of
my Inspectors. The huge number of requests, which were received principally
from two sources in the media, placed considerable strain on the resources of
my Inspectorate but nevertheless we gave full cooperation to the local authorities
so that they could meet the stringent deadlines which are imposed upon them to
respond to such requests under the Freedom of Information Act. All of the reports
had to be reviewed before I gave my consent for the local authorities to disclose
them and invariably disclosure took place with the minimum of redactions. I am
hoping that in future each local authority will include a suitably redacted version
of the inspection report in their publication scheme so that it can be accessed
freely on the Council’s website.
3.45 During the period covered by this report 123 local authorities notified me
they had made use of their powers to acquire communications data. A total of
1,553 requests were made for communications data and the vast majority were
for basic subscriber information. A few local authorities have used their powers
to acquire service use information, including outgoing call records, in relation to
the investigations which they have conducted. Indeed our inspections have shown
the local authorities could often make more use of this powerful tool to investigate
crimes which are relevant to their statutory responsibilities.
3.46 Virtually all of the local authorities, which have used their powers, have been
inspected at least once since the legislation was introduced. The core activities of
the trading standards service and environmental health teams are now centralised
in a number of the larger local authorities and therefore it is easier for them to
manage the process of acquiring communications data. My Inspectorate identified
the largest users of communications data at an early stage and they are inspected
more regularly. Regrettably a temporary shortage of staff in the Inspectorate and
a requirement to prioritise other inspections meant that it was possible to conduct
only one inspection of the large local authorities. It was pleasing to see the
recommendations from the previous inspection had been fully implemented and
the thirteen applications for communications data which had been made during a
12 month period were completed to a good standard. A number of inspections of
the larger local authorities have taken place in the first quarter of 2009.
3.47 As a result of the first phase of inspections it was recognised that the
majority of smaller local authorities, which make very limited or infrequent use
of their powers, were struggling to achieve the best possible level of compliance
with the Act and Code of Practice. Consequently a key part of the inspection
17