2011 Annual Report of the Interception of Communications Commissioner
As I reported last year, there is still a gap in relation to the training that is available to local
authorities and other public authorities who are not able to obtain traffic data, and it is important
for this gap to be filled to ensure that these public authorities have a good understanding of the
procedures. The findings from this year’s local authority inspections in particular add further
weight to the argument that the national SPoC training should be extended to public authorities
in the Section 21(4) (b) and (c) community.
“There is still a gap in relation to the training that is available to local authorities
and other public authorities who are not able to obtain traffic data, and it is
important for this gap to be filled.”
7.6. Summary of Communications Data Compliance
My annual report should provide the necessary assurance that the use which public authorities
have made of their powers has met my expectations and those of my inspectors or that I
have reported on the small number of occasions that it has not. There is no reason why public
authorities cannot make a further disclosure in response to a request under the Freedom of
Information Act (FOIA) if they so wish. There is provision for this in the Code of Practice,
although each public authority must seek my prior approval before making any further disclosure.
In the reporting year 99 individual public authorities were inspected by my inspection team
and a further 71 local authorities were inspected during the NAFN inspection. All of the public
authorities responded positively to their inspections and there is clear evidence from the
inspections that they are committed to achieving the best possible level of compliance with the
Act and Code of Practice. Serious compliance issues were identified in a very small number of
the public authorities inspected and, although regrettable, I am satisfied these occurred due to
genuine misunderstandings, rather than any wilful or reckless failure to comply with the legislation.
I have already been provided with assurances that the necessary corrective action has been taken
by these public authorities.
I have provided more detailed information in this year’s report and I hope that this provides
readers with more insight into the rigour of the inspection process and the findings of my
inspections.
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