2011 Annual Report of the Interception of Communications Commissioner
Figure 9 – Recommendations from 2011 Police Force and LEA Inspections
Red
4%
Green
40%
Amber
56%
I am pleased to report that only 4% of the recommendations represented serious non-compliance
with the Act and Code of Practice. These recommendations fitted into two distinct areas; the
urgent oral process and the procedures surrounding the acquisition of ‘related’ communications
data.
“Only 4% of the recommendations represented serious non-compliance with the
Act and Code of Practice.These recommendations fitted into two distinct areas”
First, in relation to the urgent oral process, my inspectors found evidence of DPs in three police
forces giving a ‘blanket’ or ‘rolling’ authority at the start of immediate threat to life incidents
to obtain any data necessary. In these cases the DPs had not given the requisite authority for
the subsequent data that was acquired to be obtained. In another case where the DP had given
specific approval for certain data to be obtained, the SPoC went on to acquire data in addition to
that which was originally approved, without obtaining further approval from a DP. Although these
instances represent serious non-compliance, I am satisfied that they were not wilful or reckless
failures. It is also important to recognise that they occurred in relation to exceptionally urgent
cases and that the persons involved in the process were working under immense pressure in
an attempt to save lives. Nevertheless, it is still important to ensure that the correct process is
always applied and that the data is acquired in accordance with the law.
Second, my inspectors found that a number of police forces and law enforcement agencies had
misunderstood the procedures for acquiring communications data based on lawful intercept
product and as a result the proper application process had not been followed. However, in these
cases the communications data that was acquired was approved by a DP in all instances and the
inspectors were satisfied that the requests were necessary and proportionate.
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