CHAPTER 9: LAW ENFORCEMENT
under RIPA.56 However authorities with their own powers to obtain communications
data generally want to continue to use them.
9.86.
Ofcom told me for example that it is able to obtain data under the Communications
Act 2003, and does so frequently as part of the regulatory function. It conducted over
2,700 investigations over the past three years, often obtaining communications data
to ensure that companies were behaving properly. As it said:
“The information is obtained and used to protect consumers’ interests. To the
extent it involves data about individual consumers, their identities and conduct
are incidental to, rather than under, investigation.”57
9.87.
Ofcom issued only 121 authorisations and notices for communications data under
RIPA in the same period, mainly when investigating criminal offences under the WTA
2006.
9.88.
The powers available to authorities under their own legislation are not overseen by
IOCCO and are typically able to be authorised at a lower level within the requesting
organisation. For example, executive officers in the DWP authorised to do so can
obtain subscriber and service use information without further approval.
9.89.
Moving to a RIPA-type approval system would have consequences for organisations
now using their own powers, which will need to be thought through. There would be
additional costs. The DWP in 2013 estimated their additional costs to be in the region
of £1 million over three years.58 There is a risk of anomaly in imposing the RIPA
arrangement for the relatively low level of intrusion involved in a subscriber look-up, if
more intrusive powers affecting individuals or businesses are not subject to external
oversight. For example, Ofcom has interception powers under the WTA 2006, which
it uses on a day-to-day basis to identify sources of interference to the spectrum.59
Authorisation of interception
9.90.
Those entitled to apply for interception warrants were in general more concerned with
the speediness and flexibility of the procedure than with the question of who the
authorising individual should be.
9.91.
Police Scotland expressed their satisfaction with the current arrangements.
others within law enforcement expressed their criticisms:
(a)
56
57
58
59
But
A very senior police officer expressed the view that judicial authorisation would
be strongly preferable to the current system of political authorisation, because
of the need to have visibly robust safeguards and in order to counter any future
suggestion that a warrant might have been issued for political reasons.
Retention Code, para 8.1. Retained data may also be obtained under a judicial authorisation.
Evidence to the Review, March 2015.
Evidence to the Home Office, February 2013.
Evidence to the Review, March 2015.
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