2012 Annual Report of the Interception of Communications Commissioner
Figure 12 – Recommendations from 2012 Police Force and LEA Inspections
Red
6%
Green
34%
Amber
60%
This year 6% of the recommendations represented serious non-compliance with the Act and
Code of Practice and this is an increase on 2011 by 2 percentage points. Red recommendations
were given to 13 different police forces. However, all but one of these police forces only
received a red recommendation in relation to one compliance baseline and therefore ultimately
these police forces were deemed to have a good or satisfactory level of compliance overall.
The red recommendations fitted into two distinct areas; DP approvals (written and oral) and
the procedures surrounding the acquisition of ‘related’ communications data. The following
paragraphs describe the findings of the inspections in more detail and in cases where relevant,
refer to the recommendations emanating from the inspections.
“My inspectors did challenge the justifications for acquiring the data in a
small number of cases as they were not satisfied that the requests were
proportionate based on the information contained in the applications“
All of the police forces and LEAs that were inspected during the reporting year were
consistently producing good or satisfactory quality applications. My inspectors were satisfied
that the acquisition of the data was necessary and proportionate in the vast majority of cases.
My inspectors did challenge the justifications for acquiring the data in a small number of cases
as they were not satisfied that the requests were proportionate based on the information
contained in the applications. These cases were mainly investigations where data had been
acquired for lengthy time periods without sufficient justification. In these cases my inspectors
asked the relevant applicants and DPs to justify the requests and in some cases they examined
further documentation, for example, the communications data strategy. On the basis of the
further information provided my inspectors were able to conclude that the requests were not
disproportionate, but rather the applicants had failed to justify properly the time periods in their
applications. In these cases advice was provided to the effect that it is an established principle
that an application for communications data must stand on its own and sufficient information
must be included to enable the DP to make a decision whether the request is necessary and
proportionate. Amber recommendations were given to the police forces to ensure applicants
properly justify the principle of proportionality in their applications.
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