2.18 HM Revenue and Customs (HMRC) reported one error where, in light
of a decision not to renew a warrant, they allowed a warrant to run up until its
end date. On that date a request was made to the HMRC case officer to cancel
the warrant with immediate effect which the case officer failed to do until the
following day. This resulted in some calls being intercepted without a warrant
in place. The warrant was duly cancelled and all intercepted material was
subsequently destroyed. HMRC’s internal processes have been enhanced to ensure
no recurrence of a similar error in future.
2.19 I now turn to give two examples of the five errors made by the communications
service providers (CSPs).
2.20 The first error, reported by a communications service provider itself,
occurred when they intercepted a wrong telephone number; the error coming to
light when the receiving agency reported that they were not receiving any product.
An investigation at the CSP revealed that the error arose out of a human mistake
when one of the digits was recorded incorrectly. All staff at the CSP have been
reminded of the need for complete accuracy and the serious consequences of
simple mistakes.
2.21 The second error, reported by the Security Service, occurred when a
telephone number was added to an existing warrant. Subsequent product revealed
conversations unrelated to the target. No faults could be found in the Security
Service’s equipment or procedures but all product relating to the unrelated
conversations has been destroyed. Further investigations have been undertaken to
resolve the problem.
2.22 No errors were reported by the Home Office, Foreign and Commonwealth
Office, Scottish Government, Ministry of Defence, Secret Intelligence Service,
Serious Organised Crime Agency and Metropolitan Police Counter Terrorism
Command.
Statistics
2.23 Warrants (a) in force, under the Regulation of Investigatory Powers Act,
as at 31 December 2007 and (b) issued during the period 1 January 2007 and
31 December 2007
Home Secretary
a
929 [754]*
b
1881
28 [43]*
145
The total number of RIPA modifications from
01/01/2007 – 31/12/2007 = 5577
Scottish Executive
The total number of RIPA modifications from
01/01/2007 – 31/12/2007 = 367
*For comparison purposes I have included in the parentheses the warrants in
force as at 31 December 2006 as detailed in my 2006 Annual Report. I have not
included the number of warrants issued during 2006 as the statistics in my 2006
Report were for a shorter period i.e., my first nine months in post – the period
from 1 April 2006 to 31 December 2006. No realistic comparison can therefore
be made.
[NB: Under the Regulation of Investigatory Powers Act 2000 there is no longer a
breakdown of the figures between Telecommunications and Letters.]
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