2012 Annual Report of the Interception of Communications Commissioner
Case Study 9 – Medicines and Healthcare Products Regulatory
Agency (MHRA) - Use of Communications Data
In January 2011, following a number of illicit importations from India and China of various
medicines, a number of addresses were visited by MHRA investigators. It transpired that
the addresses were all owned by private mailbox companies and the mailboxes in question
were rented by an individual using a fictitious name. However, at one of these companies
it was ascertained that an email address had been provided as a contact point for the
suspect. A range of subscriber data was acquired in relation to the email address and this
identified another mailbox address that was previously unknown to the investigation team.
Subsequent enquiries on this mailbox revealed the true identity and home address of the
suspect. In June 2011 the address was searched by investigators and £1.6 million pounds
worth of unlicensed and prescription only medicines, together with Class C drugs, were
found. The suspect was arrested and subsequent computer forensic analysis identified
an OCG with potential links to other MHRA investigations. The suspect was charged
and pleaded guilty to offences including forgery; possession of false identity documents;
conspiracy to supply Class C drugs, and conspiracy to supply prescription only medicines
and medicines not on the general sales list. He was sentenced to 44 months imprisonment.
7.5.5 Training
The College of Policing (formally the National Policing Improvement Agency) continues to take
responsibility for the training and accreditation of police force and LEAs SPoC staff nationally. It
is very important that all staff who are involved in the acquisition of communications data are
well trained and that they also have the opportunity to keep abreast of the developments in the
communications data community and enhance their skill level to the best possible standard.
The College of Policing have now extended their communications data training to applicants,
intelligence officers, investigators, analysts, DPs, SPoC Managers and SROs. This will ensure that
police forces and LEAs are able to make the best use of communications data as a powerful
investigative tool and will also assist to raise the standards being achieved across the board.
In my last two annual reports I have commented that there is still a gap in relation to the training
that is available to local authorities and other public authorities who are not able to obtain traffic
data. Regrettably this is still the case and it is crucial for this gap to be filled to ensure that these
public authorities have a good understanding of the procedures.
7.5.6 Summary of Communications Data Acquisition Compliance
My annual report should provide the necessary assurance that the use which public authorities
have made of their powers has met my expectations and those of my inspectors and that I
have reported on the small number of occasions that it has not. There is no reason why public
authorities cannot make a further disclosure in response to a request under the Freedom of
Information Act (FOIA) if they so wish. There is provision for this in the Code of Practice,
although each public authority must seek my prior approval before making any further disclosure.
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