Investigatory Powers Commissioner ’s Annual Report 2019
6. Office for Communications
Data Authorisations
(OCDA) observations
Overview
6.1
During our first year, we believe that our processes and methodology have delivered
efficiencies and standardised the process for considering, authorising and issuing
communications data applications. We have also learnt from working with requesting
authorities and have identified where differing processes and regional practices result
in differences in approach which leave room for improvement. Elsewhere in this report,
Inspectors of the Investigatory Powers Commissioner’s Office (IPCO) have identified
certain areas where OCDA has started to bring changes which we expect to continue
throughout 2020.
Lessons learnt
6.2
In relation to law enforcement agencies (LEAs), IPCO raised concerns in 2018 that the crime
being investigated was not well articulated on communications data (CD) applications.
In particular, in applications we consider which can only be granted if the serious crime
threshold is met, we expect there to be a clear explanation of how that threshold is met
before the application will be approved (see paragraphs 12.46-12.52).
6.3
IPCO Inspectors have also advised public authorities to work closely with us to ensure that
complex requests are clear and well documented. This is particularly the case for events
data requests, which may be new to some authorities (see paragraphs 13.15, 14.5 and
14.15). We expect that ongoing engagement in this area will enable these authorities to
submit adequate applications so that acquisition of the CD they need can be authorised.
Business improvement
6.4
The vital role OCDA plays for requesting authorities means that it has been essential to
set up an organisation which is capable of reacting to changing circumstances. Business
continuity has been a focus of our development, both in terms of our infrastructure and
staffing model. We have proven our services are resilient during this year by dealing with
an accommodation-related critical incident that closed our Birmingham office for several
weeks; this was done with such efficiency that most stakeholders noticed only a minor
degradation in service.
6.5
In the first months of operation, we identified areas where business improvement is
necessary, including changes to our bespoke Case Management System and the way we
handle applications from authorities who do not use an automatic workflow system. We
intend to implement those changes during 2020, thus increasing our efficiency. We will also
continue to consider other areas for business improvement.
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