was focused upon raising awareness of their responsibilities under the Act and
Code of Practice and giving advice on how they should set up or modify their
systems and processes so that the data could be obtained fully in accordance with
the law. The vast majority of these local authorities responded positively to the
inspection reports and they assured me that the recommendations or action points
would be implemented. During the reporting year one of those local authorities
was inspected for a third time and it was pleasing to see that the position had been
completely transformed. Approximately 33 applications had been generated since
the previous inspection and they were produced to an excellent standard. However,
a few other local authorities informed me that they had temporarily suspended the
use of their powers until a much better level of adherence could be attained or until
they could take advantage of a facility which will soon be available through the
National Anti Fraud Network (NAFN). One of those local authorities was visited
and the Inspector confirmed that it had not made any use of its powers since the
previous inspection.
3.48 In the light of the difficulties which I have mentioned earlier in my report
only seven other local authorities were inspected during the year. All of them
were inspected for the first time and collectively they processed approximately
48 applications for communications data during a twelve month period. Evidence
was found that some of the data was not obtained fully in accordance with the
law because the correct procedures had not been followed although the Inspectors
were nevertheless satisfied the acquisition of the data was justified and it had been
used for a correct statutory purpose. Following these inspections the Inspectors
produced detailed Action plans which are designed to bring the level of compliance
up to an acceptable standard.
3.49 The local authorities reported a total of 47 errors last year and a few of
these were identified during the inspections. I have not encountered any cases
which would be serious enough for me to invoke the powers which I have outlined
previously in paragraph 3.35 of this report.
3.50 In paragraph 3.41 of the report I alluded to the fact that the Home Office and
ACPO DCG have taken positive steps to help local authorities achieve a better
level of compliance with the legislation. A high proportion of local authorities
subscribe to the NAFN and this organisation has been given funding by the Home
Office so that it may provide a national service to its members. Members of staff
from NAFN have already been trained and accredited to the same standards as
their counterparts in police forces and law enforcement agencies and NAFN will
shortly commence processing applications for communications data. The onus and
responsibility for approving these applications still rests with the local authority
concerned but NAFN will use its trained and accredited SPoC staff to quality
assure them and retrieve the data from the CSPs. This is a major step change and
I believe it will be of particular assistance to the local authorities which make
limited or infrequent use of their powers. All local authorities which opt into the
scheme will still of course be subject to inspection and my Inspectorate is liaising
closely with NAFN to make the necessary arrangements.
Other public authorities
3.51 There are approximately 110 other public authorities which are registered for
the purpose of acquiring communications data. These include the Serious Fraud
Office, Independent Police Complaints Commission, Charity Commission, Royal
Mail and the Medicines & Healthcare Products Regulatory Agency (MHRA), to
name just a few.
3.52 A temporary shortage of staff in the Inspectorate and a requirement to
prioritise other inspections meant that it was possible only to inspect a few of
these public authorities during the reporting year. However, I should state that
all of the public authorities in this category have been inspected at least once
since the legislation was introduced and indeed some were inspected for a second
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