CHAPTER 15: RECOMMENDATIONS
64.
In the case of local authorities, the SPoC function should continue to be compulsorily
performed through a SPoC at NAFN.
65.
In the case of the other “minor users”, responsible between them for less than 1% of
requests for communications data in 2014, the SPoC function should in future also
be compulsorily performed by a SPoC at NAFN, which will need to be resourced for
that purpose.
66.
The requirement in RIPA 2000 ss23A-B of judicial approval by a magistrate or sheriff
for local authority requests for communications data should be abandoned.
Approvals should be granted, after consultation with NAFN, by a DP of appropriate
seniority within the requesting public authority.
Privileged or confidential material
67.
When the communications data sought relates to a person who is known to be a
member of a profession that handles privileged or confidential information (including
medical doctors, lawyers, journalists, Members of Parliament or ministers of religion),
the new law should provide for the DP to ensure that (1) special consideration is given
to the possible consequences for the exercise of rights and freedoms, (2) appropriate
arrangements are in place for the use of the data, and (3) the application is flagged
for the attention of ISIC inspectors.
68.
If communications data is sought for the purposes of determining matters that are
privileged or confidential such as (e.g.) (1) the identity or a witness or prospective
witness being contacted by a lawyer or (2) the identity of or a journalist’s confidential
source, the DP should be obliged either to refuse the request or to refer the matter to
ISIC for a Judicial Commissioner to decide whether to authorise the request.
69.
A Code of Practice, and/or ISIC guidance, should specify (1) the rare circumstances
in which it may be acceptable to seek communications data for such a purpose, and
(2) the circumstances in which such requests should be referred to ISIC.
Novel or contentious cases
70.
In recognition of the capacity of modern communications data to produce insights of
a highly personal nature, where a novel or contentious request for communications
data is made, the DP should refer the matter to ISIC for a Judicial Commissioner to
decide whether to authorise the request.
71.
A Code of Practice, and/or ISIC guidance, should specify the circumstances in which
such requests should be referred to ISIC.
USE OF INTERCEPTED MATERIAL AND DATA
General safeguards
72.
Safeguards at least equivalent to those in RIPA s15, as elaborated in Part 7 of the
Interception of Communications draft Code of Practice, should ensure that the
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