CHAPTER 15: RECOMMENDATIONS
(c)
The new functions placed on DPs and summarised at Recommendations 59(b)
and 60 below.
57.
DPs should be adequately trained in human rights principles and legislation (including
in relation to privileged or confidential material), and may grant authorisations only
when and to the extent that it is necessary and proportionate to do so in the specific
circumstances.
58.
As recently stated in the ISC Report, Recommendation HH: “there should always be
a clear line of separation within the Agencies between investigative teams who
request approval for a particular activity, and those within the Agency who authorise
it”. DPs (including in the security and intelligence agencies) should be required by
statute to be independent from operations and investigations when granting
authorisations related to those operations and investigations, and this requirement
should be implemented in a manner consistent with the ECHR and EU law.
59.
The function of DPs should be:
60.
(a)
To authorise the acquisition of communications data (Recommendation 55
above);
(b)
To make references to ISIC on applications for privileged/confidential material
and, where appropriate, on novel/contentious applications (Recommendations
68 and 70 below).
In addition, DPs appointed by the nine bodies entitled to intercept communications
data should be entitled to authorise minor modifications to specific interception
warrants (Recommendation 35 above).
Single Point of Contact
61.
No authorisation should be granted (save in exceptional circumstances specified in
the new law) without the prior opinion of an accredited SPoC. The purpose of the
SPoC should be:
(a)
to ensure that only practical and lawful requirements for communications data
are undertaken; and
(b)
to facilitate the lawful acquisition of communications data, and effective cooperation between a public authority and CSPs.
62.
The functions of the SPoC should be set out in statute along the lines of the March
2015 Code of Practice on the Acquisition and Disclosure of Communications Data,
para 3.22.
63.
SPoCs should not have to be located within the requesting authority. For example,
there would be no obstacle to police SPoCs being organised on a regional or national
level, as is NAFN.
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