2011 Annual Report of the Interception of Communications Commissioner
Case Study 9 – An Example of an Intercept Error by HMRC
January 2011 - The error related to preparatory work prior to the drafting of a new
warrant application for a large scale fraud investigation.The incorrect provision/mechanism
under RIPA was used to obtain data in relation to communications devices. The numbers
were obtained directly from operational teams. Once the error was identified the warrant
applications were suspended and a series of remedial measures were taken.These included
the officer concerned being reprimanded and reminded of his obligation to adhere to the
correct legislation and guidelines. Furthermore all staff were reminded verbally and in
writing about their legal responsibilities and the incident was incorporated as a case study
into training packages for new staff.
6.5.5. Communication Service Providers (CSPs)
I have continued the practice as in previous years of making informal annual visits to communications
service providers (CSPs). These meetings, not required by the legislation, are again reflective of
the good relationships between the CSPs, the intelligence community and myself.
The purpose of these visits, many of which take place out of London, has been for me to meet
on an informal basis senior staff and individuals engaged in lawful interception, in order to be
briefed on changes to technology and work relationships between the intercepting agencies and
CSPs. The staff within CSPs welcome these visits and the opportunity to discuss with me their
work, the safeguards that they employ, issues of concern and their relationships with intercepting
agencies. I have attempted where possible to resolve any difficulties that have arisen between the
intercepting agencies and CSPs.
As with members of the agencies engaged in interception work, I believe that those small numbers
of staff who work within this field in CSPs are committed, professional and have a detailed
understanding of the legislation and appropriate safeguards. They recognise the importance of
the public interest and national security implications of their work, and undertake it diligently and
with significant levels of dedication.
Case Study 10 – An Example of an Intercept Error by a CSP
February 2011 - A CSP was tasked by an intelligence agency to provide information
authorised for collection in relation to a warranted target. This involved the co-ordination
of two collection systems at the CSP. Due to digit transposition the details of an existing
target were used, and additional information was gathered in relation to the existing target.
The agency therefore received unauthorised information in relation to an existing target.
The error was immediately identified and rectified. Steps were then taken to prevent a
recurrence, which included ensuring staff were made aware of the importance of ensuring
that numbers are checked and re-checked in relation to interception targets.
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