EXECUTIVE SUMMARY
23.
The SPoC function for all minor users of communications data should in future be
compulsorily performed by an independent SPoC at the National Anti-Fraud Network
(NAFN).22
24.
Now that all local authority requests for communications data must be submitted to
independent SPoCs at NAFN and approved by a designated person of appropriate
seniority, the additional requirement of approval by a magistrate or sheriff should
be abandoned.23
25.
The DP of any public authority which seeks communications data for the purpose of
determining matters that are privileged or confidential must either refuse the
request or refer it to ISIC for determination by a Judicial Commissioner.24
26.
Where a request is not directed to such a purpose but relates to persons who handle
privileged or confidential information (doctors, lawyers, journalists, MPs etc.),
special considerations and arrangements should be in place, and the authorisation if
granted should be flagged for the attention of ISIC.25
27.
Where a novel or contentious request is made for communications data, the
requesting public authority on the advice of the DP should refer the matter to ISIC for
a Judicial Commissioner to decide whether to authorise the request.26
Oversight and review
28.
The Independent Surveillance and Intelligence Commission (ISIC) should
replace the offices of the three current Commissioners.27
29.
ISIC should take over the intelligence oversight functions of the ISCommr, the
existing auditing functions of its predecessor Commissioners, and additional
functions relating in particular to the acquisition and use of communications data,
the use of open-source intelligence and the sharing and transfer of intercepted
material and data.28
30.
Through its Judicial Commissioners, who should be serving or retired senior judges,
ISIC should also take over the judicial authorisation of all warrants and of certain
categories of requests for communications data, in addition to the approval functions
currently exercised by the OSC in relation to other forms of surveillance and the ability
to issue guidance.29
22
Recommendation 65, 14.84 below.
Recommendation 66, 14.82-14.83 below.
Recommendation 68, 14.85(a) below.
Recommendation 67, 14.85(b) below.
Recommendations 70-71, 14.86 below.
Recommendations 82-112, 14.94-14.100 below.
Recommendations 89-97, 14.95-14.96 below.
Recommendations 84-88, 14.95 below.
23
24
25
26
27
28
29
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