Report of the Interception of Communications Commissioner - July 2016
Section 7
Communications Data
7.1
In this section we provide an outline of the communications data legislation, give
details of the communications data inspection regime, provide statistical information
about the use of communications data by public authorities and outline the key findings
from IOCCO’s inspections.
Communications Data Legislation
7.2
Chapter 2 of Part 1 of RIPA (sections 21 to 25) and the Acquisition and Disclosure
of Communications Data Code of Practice38 made under section 71 of RIPA concerns the
procedures for the acquisition and disclosure of communications data. Unless specified,
references in this section to the Code of Practice mean the Acquisition and Disclosure of
Communications Data Code of Practice.
7.3
Section 72 of RIPA states that public authorities must have regard to the provisions
of the Code of Practice but that a failure on the part of any person to comply with any
provision of a Code of Practice shall not of itself render him liable to any criminal or civil
proceedings.
7.4
Communications data colloquially embrace the ‘who’, ‘when’ and ‘where’ of a
communication but not the content, what was said or written. Put shortly, communications
data comprise the following:
•
•
•
Traffic data which is data that may be attached to a communication for the
purpose of transmitting it and could appear to identify the sender and recipient
of the communication, the location from which and the time at which it was
sent, and other related material (see sections 21(4)(a) and 21(6) and (7) of
RIPA and Paragraphs 2.24 to 2.27 of the Code of Practice).
Service use information which is data relating to the use made by any person
of a communication service and may be the kind of information that habitually
used to appear on a CSP’s itemised billing document to customers (see section
21(4)(b) of RIPA and Paragraphs 2.23 and 2.28 to 2.29 of the Code of Practice).
Subscriber information which is data held or obtained by a CSP in relation to
a customer and may be the kind of information which a customer typically
provides when they sign up to use a service. For example, the recorded name
and address of the subscriber of a telephone number or the account holder of
an email address. (See section 21(4)(c) of RIPA and Paragraphs 2.30 and 2.31
of the Code of Practice).
7.5
There are a number of public authorities with statutory power to apply for
communications data under Chapter 2 of Part 1 of RIPA. These include:
•
•
Police forces
NCA
38 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/426248/Acquisition_
and_Disclosure_of_Communications_Data_Code_of_Practice_March_2015.pdf
42
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