The statutory purposes for which certain public authorities may acquire communications
data and the type of data that they may acquire are restricted. For example, local authorities
may only acquire service use and subscriber information for the purpose of preventing or
detecting crime or preventing disorder.
In order to justify that an application is necessary, the applicant must address three main
points (see paragraphs 2.37-2.38 of the Code of Practice) and establish a link between them:
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•
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the event under investigation, such as a crime or search for a vulnerable missing
person;
the person, such as a suspect, witness or missing person, and how they are linked
to the event; and
the communications data, such as a telephone number or Internet Protocol (IP)
address and how the data is related to the person and the event.
DPs may only approve an application if they believe that obtaining the data is proportionate
to what the public authority is trying to achieve. Applications must explicitly address the
question of proportionality.
A judgment on the question of proportionality requires balancing the necessity of the
request for communications data against the likely intrusion into privacy. Considerations
should include whether the information which is sought could reasonably be obtained
by other less intrusive means. Applications for communications data should not be
authorised where it is adjudged that the necessity does not outweigh the intrusion.
National Anti-Fraud Network
The National Anti-Fraud Network (NAFN) is the single point of contact for all local
authority acquisition of communications data. 90% of local authorities (LAs)are members
of the network, which has over 10,000 users.
NAFN’s role is to ensure that members’ enquiries are legally compliant and processed in
accordance with the most up-to-date information and guidance. The team also provides
support and training to its members, and promotes the use of communications data to
support their investigations.
All local authorities must make applications for communications data through a SPoC
at the National Anti-Fraud Network. The Investigatory Powers Act also provides an
opportunity for NAFN to offer its SPoC service to other public bodies through collaboration
agreements.
NAFN requested 724 items of data on behalf of local authorities in 2016 and scored a
‘good’ level of compliance in its inspection.
www.iocco-uk.info
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