3.22 Communications data is used extensively by the intelligence agencies,
primarily to build up an intelligence picture about persons or groups of persons
who may pose a real threat to our national security. Given the nature of the work it is
perhaps unavoidable that there will be some degree of collateral intrusion into the
private lives of persons who have had contact with the subjects of investigations.
However, this is recognised by the intelligence agencies, and the inspections have
shown that intrusion is being limited so far as possible.
Local Authorities
3.23 There are approximately 474 local authorities throughout the UK approved by
Parliament for the purpose of acquiring communications data, using the provisions
of the Act. No local authority has been given the power to intercept a telephone call
or any other form of communication during the course of its transmission. Local
authorities may acquire communications data for the purpose of preventing and
detecting crime, but there are restrictions upon the types of data which they may
obtain. They do not have access to traffic data which would enable them to identify
the location from or to which a communication has been transmitted.
3.24 Generally the trading standards services are the principal users of
communications data within local authorities although the environmental health
departments and housing benefit fraud investigators also occasionally make use
of the powers. Local authorities enforce numerous statutes and Councils use
communications data to identify criminals who persistently rip off consumers,
cheat the taxpayer, deal in counterfeit goods, and prey on the elderly and vulnerable.
The environmental health departments principally use communications data to
identify fly-tippers whose activities cause damage to the environment and cost the
taxpayers large sums to recover or otherwise deal with the waste.
3.25 Local authorities are required to adhere to the Code of Practice and requests
for communications data are approved at a senior level. In most cases this will
be the head of the trading standards service or the heads of the environmental
health departments or housing benefits sections although solicitors are also often
involved. The specialist staff, who process applications for communications data,
are not trained to the same standard as their counterparts in other public authorities
and this has caused difficulties for some local authorities, which have not been
able to attain the best possible level of compliance with the Code of Practice.
3.26 During the period covered by this report only 154 local authorities made use
of their powers to acquire communications data. A total of 1,707 requests were
made for communications data and the vast majority were for basic subscriber
information. Very few local authorities have used their powers to acquire itemized
call records in relation to the investigations which they have conducted. Indeed
our inspections have shown that generally the local authorities could make much
more use of communications data as a powerful tool to investigate crime.
3.27 Virtually all of the local authorities which have used their powers have been
inspected at least once during the last two years. Last year inspections were carried
out at 44 local authorities and this included two re-inspections, which were necessary
because the level of compliance was not as good as it should have been.
3.28 Quite a number of local authorities have struggled to achieve the best possible
level of compliance with the Act and Code of Practice. This is largely because
they make very infrequent use of their powers and consequently the staff who
process and approve applications for communications data are often not familiar
with all aspects of the Code of Practice. Additionally the training which they
received when the legislation was introduced in 2004 was very basic and there has
been little or no provision made for them to up-skill themselves. Consequently
my inspectors find that they spend a great deal of time re-educating the staff
and helping them modernise the system and processes. The local authorities
have responded positively and rarely, if ever, do they fail to accept the findings
of the inspection or implement the action points and recommendations. I would
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