Report of the Interception of Communications Commissioner - 2016
For a designated person to give lawful authority to acquire communications data within
the public authority, there has to be:
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An applicant – who requests the data for the purpose of an investigation (see
paragraph 3.5 of the Code of Practice). This would usually be a relatively junior
member of an investigative team.
A designated person (DP) – the holder of a more senior office in the relevant public
authority. The DP’s function is to decide whether to give authority to acquire the
data. Their function and duties are described in paragraphs 3.7 to 3.18 of the Code
of Practice. With few exceptions, the DP must be independent of the investigation
and is responsible for deciding whether the acquisition is lawful, necessary and
proportionate (see paragraphs 3.7-3.18 of the Code of Practice).
A single point of contact (SPoC) – an accredited person who is trained to facilitate
the lawful acquisition of communications data (see paragraphs 3.19-3.30 of the Code
of Practice). This person would usually have specific technical expertise. They would
usually manage the relationships with Communications Service Providers (CSPs) and
with IOCCO.
A senior responsible officer (SRO) – who is responsible for the integrity of the process
and for compliance with Chapter 2 of Part 1 RIPA and the code of practice (see
paragraphs 3.31 of the Code of Practice). This would usually be a senior manager of
a public authority.
The DP may only give authority to obtain communications data if they believe that it is
necessary for one or more of the statutory purposes set out in Section 22(2) of RIPA or
subsequent statutory instruments. These require the conduct authorised to be:
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in the interests of national security;
for the purpose of preventing or detecting crime or of preventing disorder;
in the interests of the economic wellbeing of the United Kingdom so far as those
interests are also relevant to the interests of national security;
in the interests of public safety;
for the purpose of protecting public health;
for the purpose of assessing or collecting any tax, duty, levy or other imposition,
contribution or charge payable to a government department;
for the purpose, in an emergency, of preventing death or injury or any damage to
a person’s physical or mental health, or of mitigating any injury or damage to a
person’s physical or mental health;
to assist investigations into alleged miscarriages of justice;
for the purpose of assisting in identifying any person who has died otherwise than
as a result of crime or who is unable to identify themselves because of a physical or
mental condition, other than one resulting from crime (such as a natural disaster or
an accident);
in relation to a person who has died or is unable to identify themselves, for the
purpose of obtaining information about the next of kin or other connected persons
of such a person or about the reason for their death or condition; or
for the purpose of exercising functions relating to the regulation of the financial
services and markets or to financial stability.
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