CHAPTER 9: LAW ENFORCEMENT
(a)
A mobile phone number may be all that is known of someone engaged in fly
tipping.
(b)
Betting fraud is often conducted online and can only be tackled through an
investigation online.
(c)
Identifying a criminal gang planning to rob the mail is as dependent on
communications data as any other investigation into a conspiracy.
What powers should they have?
9.81.
Traffic data are not available to local authorities or to eight other users of
communications data.54 It was suggested to us that there is a case for according local
authorities the power to request traffic data, now that a strong control regime is in
place through NAFN. The same might be considered for the other eight users, were
they also to use NAFN or a similar centralised, expert SPoC service.
9.82.
The makings of such a case are certainly there, at least in the case of some minor
users. Without traffic data, it is not possible for local authority investigators to get
information about incoming phone calls, the location of phone calls and some internet
use. DWP emphasised the value that traffic data would have to benefit fraud
investigators, which is increasingly internet-based, not least because of Government
policy to make benefits payments digitally-enabled.55 Trading standards officers drew
particular attention to the use of social networking sites, especially Facebook, being
used for the sale of counterfeit goods on both large and small scale and the need for
traffic data to trace the illegal action to the perpetrator.
9.83.
Examples of the benefits which it is said traffic data would bring to local authority
investigations are at Annex 16 to this Report. In particular it would assist in being able
to secure convictions in respect of victims who are so vulnerable (primarily due to age
and mental health issues) that they are not able to stand up to the rigours of the
criminal justice system; and it could assist in identifying other victims, the fact of a
conspiracy, the identities of conspirators and the links between suspects.
9.84.
DWP indicated that it wanted power to request traffic data. Although some local
authority investigators were of the same view, the LGA declined to make the same
indication to the Review.
Non-RIPA powers
9.85.
54
55
RIPA is not the only statute under which public authorities may obtain communications
data, (see 6.16-6.18). In the recently approved Retention Code, the Government
repeated its policy that communications data should not be obtained under general
information gathering powers and added that retained data should only be obtained
These are: Health and Safety Executive, Medicines & Healthcare Products Regulatory Agency, DWP –
Child Maintenance Group, Health & Social Care Business Services Organisation - Central Services
Agency (Northern Ireland), Office of Fair Trading / CMA, NHS Protect, NHS Scotland Counter Fraud
Services, and Department of Enterprise, Trade and Investment (Northern Ireland).
Evidence to the Home Office, February 2013.
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