CHAPTER 9: LAW ENFORCEMENT
enforcement) and the police Data Communications Group executive committee held
special meetings which enabled me to quiz them extensively on their priorities.
9.6.
There has been no attempt to formulate uniform views within the law enforcement
community, or to put such views across to me. Rather, I set out here ideas from a
variety of sources, some of which I draw on in my recommendations (Part IV, below).
Summary of requirements
9.7.
In essence, and subject to the widely understood requirements of necessity and
proportionality, law enforcement bodies want the ability to access the communications
data (or, in serious cases, intercept the communications) of anybody within the UK
who may be involved in crime or a threat to public safety, whether as suspect, victim,
or witness. When dealing with vulnerable and missing persons, they require the same
ability in order to save life and protect people from significant harm.
Digital policing
9.8.
The principle of policing by consent5 is applied by the police to the digital world, where
it refers to the use of techniques that command general acceptance. I was told that
just as the public would not accept the existence of physical no-go zones in towns and
cities, so they expect the police to have the capacity, in appropriate cases and when
duly authorised, to trace any kind of communication.
Capabilities
9.9.
Law enforcement strongly supports a continuation of data retention by CSPs, as now
provided for under DRIPA 2014, accepting 12 months routine retention as a
proportionate level.
9.10.
It is also considered important to have a fully effective means of IP address resolution.
CTSA 2015 is regarded as a useful stepping-stone in that regard. But it does not fully
enable IP address resolution, in particular dynamic IP resolution,6 which requires more
data to be retained by service providers, depending on their individual technical
model. If that resolution could be achieved by service providers retaining this
additional data, including for many service providers the destination IP address, law
enforcement would support such a requirement.
9.11.
The Communications Data Bill contained provision for the retention of third-party data
and for a request filter. Law enforcement still endorse the operational requirements
which those provisions were meant to address, but want to engage further with
industry on the best ways of meeting them.
9.12.
The NCA indicated to me a number of other powers that they think should be
considered, including (on a US model) powers to access data flow analysis and to
5
6
This is a reference to the time-honoured principle, attributed to Sir Robert Peel and contained in the
General Instructions issued to new police officers since 1829, that the power of the police “is
dependent on public approval of their existence, actions and behaviour and on their ability to secure
and maintain public respect”.
See 4.18 above.
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