Report of the Interception of Communications Commissioner - 2016
Descriptions of the key causes of interception errors are set out below.
Over-collection. These were generally technical software or hardware errors that caused
over-collection of intercepted material and related communications data. Where errors
are caused by a single technical fault, there may be wide-ranging consequences (i.e. large
volumes of material erroneously collected). In some of these cases, the material and data
contained details of individuals’ private communications.
These errors can take a number of months to investigate. Happily, the cause of the
error or systems malfunction is usually identified and completely resolved. A significant
amount of work is undertaken to implement measures to prevent recurrence. In some
cases, periodic sampling and checking procedures have been introduced to enhance
agencies’ ability to monitor and detect such errors. In all cases, the erroneous material
and data is deleted.
Unauthorised selection / examination. The most common errors in this category were:
instances where an analyst mistakenly continued to select the communications of an
individual based overseas after the individual was known to have entered the United
Kingdom; or technical failures which led to the incorrect selection of material or material
continuing to be collected after it had been de-tasked.
Incorrect dissemination. These errors constitute non-compliance with section 15(2)
of RIPA. They were mainly caused by the misdirecting of the intercepted material and
related communications data to the incorrect interception agency. In all cases, the
mistake was identified by the receiving agency immediately and the material and data
received erroneously was deleted.
Failure to cancel interception. These errors were in the main caused by staff in the
interception agency, warrant-granting department or CSP failing to effect the cancellation
properly.
Incorrect communications address intercepted. Some errors were the result of the
incorrect communications address being intercepted. The majority of these errors are
human in nature, such as transcription errors, although some were due to technical
systems failing to update correctly.
Incorrect person Intercepted. Whilst similar to the incorrect communications address
category above, this category includes instances where the interception agency has
applied for a warrant against the wrong number, or is otherwise conducting interception
against someone who is not the correct target. This can be because of:
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technical reasons;
the phone belonged to someone other than the subject of interest; or
the communications device had been handed over to a third party.
In most of these cases, the intercepting agency had a strong case to assess that the user
of the phone would be the intended target, and is not at fault for the error. The analysts
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