CHAPTER 6: POWERS AND SAFEGUARDS
be forwarded to the service provider.68 The application must now be made first to the
National Anti-Fraud Network [NAFN], a kind of external SPoC, which then forwards it
to the magistrates’ court. More detail is at 7.60 below.
6.68.
The applicant applying for access to communications data must, in writing:69
(a)
provide the name or designation and the office, rank or position held by the
person making the application;
(b)
include a unique reference number;
(c)
include the operation name (if applicable) to which the application relates;
(d)
specify the purpose for which the data is required, by reference to a statutory
purpose under s22(2) of RIPA;
(e)
describe the communications data required, specifying where relevant, any
historic or future date(s) and where appropriate time period(s);
(f)
describe whether the communications data relate to a victim, a complainant, a
suspect, a next of kin, vulnerable person or other person relevant to the
investigation or operation;
(g)
explain why the acquisition of that data is considered necessary and
proportionate to what is sought to be achieved by acquiring it; and
(h)
consider, and where appropriate describe, any likely collateral intrusion (the
extent to which the privacy of any individual not under investigation may be
infringed), and why that intrusion is justified in the circumstances;
(i)
consider, and where appropriate describe, any possible unintended
consequences of the application; and
(j)
identify and explain the time scale within which the data is required.
6.69.
Where approval is given orally in cases of urgency, retrospective written notification
should be given within one working day.70
6.70.
In each organisation the process of communications data acquisition and disclosure
is overseen by a Senior Responsible Officer responsible for the oversight and integrity
of the arrangements for acquiring and using communications data within their
organisation.71
68
69
70
71
See RIPA s23A.
Acquisition Code, para 3.5.
Ibid., para 3.69.
Ibid., para 3.31.
112