on a case by case basis that it was necessary and proportionate to obtain the data
and that it has been used for a correct statutory purpose. From these inspections
it is evident that the acquisition of the data was justified and that it is being used
as a powerful investigative tool, primarily to prevent crime and disorder. It is also
apparent that communications data plays a crucial role in the successful outcome
of prosecutions and often it is the primary reason why offenders plead guilty.
3.17 Good use is also being made of the urgent oral process to acquire
communications data when there is an immediate threat to life. Usually this applies
when vulnerable or suicidal persons are reported missing but the process may
also be used in kidnap situations or in other crimes involving serious violence.
The importance of this facility, particularly to police forces, is obvious, and the
interaction between relevant staff and CSPs saves lives across the country on a
daily basis.
3.18 The inspections have established that the police forces and law enforcement
agencies are managing to achieve a good level of compliance with the Code of
Practice. Prior to the inspections taking place my Inspectors obtain details of the
communications data which has been supplied by individual CSPs. Some of this
information is randomly selected for comparison against the records kept by the
public authorities and in each instance the inspectors have been satisfied that the
data obtained from the CSP was acquired with the necessary and appropriate
approval of a designated person. Applications for communications data are vetted
robustly by trained staff, accredited communications data investigators, and
more and more of the police forces and law enforcement agencies are placing
the responsibility for approving applications in the hands of a core number of
designated persons who are not directly involved in the investigations or operations
which ensures expertise and a greater degree of independence and objectivity.
3.19 Where necessary my Inspectors will challenge the justifications for
acquiring communications data if they believe that it was obtained unnecessarily
or inappropriately. In one instance an Assistant Chief Constable was brought in to
help resolve a case of difficulty. This demonstrates the importance of the inspection
process to the police forces and their willingness to comply with the inspection
regime. Under the Code of Practice I have the power to direct a public authority
to provide information to an individual who has been adversely affected by any
wilful or reckless exercise or lack of exercise of its powers under the Act. So far
it has not been necessary for me to exercise this function but there is no room for
complacency and each police force and law enforcement agency understands that
it must strive to achieve the highest possible standards. In my view the inspection
programme encourages this.
3.20 A key aim of inspections has been to make recommendations which are
designed to sweep away unnecessary bureaucracy from the systems and processes
whilst still ensuring that there is full accountability in the acquisition of the data.
Often valuable police time and resources could be saved if some of the processes
were streamlined through the use of fewer forms, or by the use of documents
which are produced in a better and more simplified format. It is disappointing
that some police forces have been slow to take up these recommendations but my
inspectors will keep on urging them to do so, as it will enable relevant staff to free
up more of their time to concentrate upon quality assurance and raising standards
across the board.
Security and intelligence agencies
3.21 For the most part the work of the intelligence agencies is necessarily secret
and therefore this limits what I can say about the inspections which have been
conducted in relation to their use of data. However, I can state that the intelligence
agencies are subject to exactly the same type of inspection as police forces and
law enforcement agencies. I am satisfied that they are complying with the Act
and Code of Practice and no issues have arisen regarding their application of the
legislation.
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