Report of the Interception of Communications Commissioner - July 2016
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HMRC
Security Service
SIS
GCHQ
7.6
In addition, there are other public authorities specified under section 25(1) by
order of the secretary of state. The additional public authorities are listed in the Regulation
of Investigatory Powers (Communications Data) Order 2010 (Statutory Instrument No.
480) as amended.
7.7
Annex A provides tabulated details of the additional public authorities with
statutory powers to acquire communications data to enable them to carry out their
public responsibilities. There is huge variance in the extent to which these powers are
utilised by the different public authorities. In 2015, 145 public authorities with statutory
powers to acquire communications data used their powers.
7.8
The following 13 public authorities had their powers to acquire communications
data removed in 2015:39
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Charity Commission
Civil Nuclear Constabulary
Department of Agriculture & Rural Development (Northern Ireland)
Department for Business Innovation & Skills
Department for Environment Food, & Rural Affairs
Department of the Environment Northern Ireland
Environment Agency
Food Standards Agency
The Pensions Regulator
Port of Dover Police
Port of Liverpool Police
Royal Mail Group
Scottish Environment Protection Agency
7.9
It is proposed in the IP Bill (schedule 4) that the Food Standards Agency regains
powers to acquire communications data for the purpose of preventing and detecting
crime or preventing disorder. They have never reported making use of their powers to us.
Conversely, public authorities such as the Royal Mail Group made effective use of their
powers, right up until they were removed, to investigate and detect criminal offences
such as fraud and theft, but they do not appear to regain their powers under the IP Bill.
7.10 The giving of lawful authority to acquire communications data is set out in the
statute and is undertaken by a DP within the public authority acquiring it. Under Chapter
2 of Part 1 of RIPA and the Code of Practice there have to be:
39 SI 2015/228 – The Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2015
www.iocco-uk.info
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