9. LAW ENFORCEMENT
Scope and sources
9.1.
This Chapter seeks to summarise the views expressed to me by users of intercepted
material and communications data (other than the security and intelligence agencies,
which are covered separately in Chapter 10).
9.2.
Leaving aside the security and intelligence agencies, the 600 or so public authorities
with the power to request communications data comprise:
(a)
the NCA, police forces and other law enforcement agencies, which make the
great majority of requests for communications data;1
(b)
some 430 local authorities, which have their own responsibilities for enforcing
e.g. trading standards; and
(c)
other public authorities, ranging from bodies with enforcement powers (e.g.
Charity Commission, Gambling Commission, Ofcom, Financial Conduct
Authority, Medicines and Healthcare Products Regulatory Agency, Health and
Safety Executive) to the Maritime Coastguard Agency, an occasional user of
communications data in the context of saving lives at sea.
9.3.
I refer to these bodies collectively as “law enforcement”, though some of them make
use of their powers for other purposes. The bodies at 9.2(b) and (c) above are referred
to as “the minor users”, since they are currently responsible between them for only a
little over 1% of all communications data requests.
9.4.
Of those public authorities, once again leaving aside the security and intelligence
agencies, five (the NCA, MPS, PSNI, Police Scotland and HMRC) also have the
power to intercept communications under RIPA Part I Chapter 1. 2,795 interception
warrants (and a far greater number of modifications) were approved in 2014, including
on application by the security and intelligence agencies: 68% concerned serious crime
and 31% were on grounds of national security.2
9.5.
I received written submissions from each of the intercepting authorities (sometimes,
as in the case of the MPS, NCA and Police Scotland, more than once) and from
ACPO, the LGA and a number of public authorities with communications data powers.
Most of those submissions are confidential, but where I have permission to publish
them I have done so3 I also visited and/or spoke to many other organisations;4 and
the Communications Data Strategy Group (which blends UK CSPs and law
1
2
3
4
In 2014, they were responsible for 88.9% of authorisations and notices under RIPA Part I Chapter II,
as against 9.8% for the intelligence agencies, 0.4% for local authorities and 0.9% for other public
authorities: IOCC Report, (March 2015), Figure 7.
Ibid., Figure 2. The national security warrants however include the 20 s8(4) “bulk” warrants.
Ofcom (permission granted 2 April) and the ACPO (permission granted 24 April)
The Home Office, the NCA, the Metropolitan Police Commissioner, the MPS Assistant Commissioner
for Specialist Crime and Operations, the Chief Constable of the PSNI, the National Policing Lead for
Communications Data, the MPS Communications Intelligence Unit [CIU], MPS SO15 Communications
Data Team (on behalf of police National Counter-Terrorism), Data Communications Group Futures,
Gloucestershire Constabulary, Nottinghamshire Police, the LGA and NAFN.
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