Report of the Interception of Communications Commissioner - July 2016
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an applicant, a person who wants to acquire the communications data for
the purpose of an investigation. The applicant has to complete an application
form. The application must provide the details required by Paragraph 3.5 of
the Code of Practice.
a DP, who is a person holding a prescribed office in the relevant public
authority. The DP’s function is to decide whether authority to acquire the
communications data should be given. Their function and duties are described
in Paragraphs 3.7 to 3.18 of the Code of Practice. Except where it is necessary
to act urgently, the DP must be independent of the relevant investigation. The
DP has to decide whether it is lawful, necessary and proportionate to acquire
the communications data to which the application relates.
a SPoC, who is an accredited individual or group of accredited individuals
trained to facilitate lawful acquisition of communications data and effective
co-operation between a public authority and CSPs. Their functions are
described in Paragraph 3.19 to 3.30 of the Code of Practice – see in particular
the list of functions in Paragraph 3.22. These include:
◦◦ advising both applicants and DPs on the interpretation of Chapter 2 of
Part 1 of RIPA, in particular whether it is appropriate to give the authority;
and,
◦◦ providing assurance to DPs that the application is free from errors and
that granting it would be lawful under RIPA.
a senior responsible officer (SRO) within the public authority, who is
responsible for the integrity of the process within that public authority to
acquire communications data and for compliance with Chapter 2 of Part 1 of
RIPA and the Code of Practice.
7.11 Essentially there are two methods for acquiring communications data – an
authorisation under section 22(3) or a notice under section 22(4) of RIPA. An authorisation
is effected by a person from the relevant public authority engaging in conduct to acquire
the communications data. A notice is effected by requiring a CSP to disclose the data to
the relevant public authority.
7.12 An authorisation or notice to acquire communications data must comply with
the formalities required by sections 23(1) to (3) of RIPA. They have a maximum period
of validity of one month (section 23(4) of RIPA) and may be renewed by the same
procedures under which they were given in the first place (section 23(5) of RIPA). There
are provisions for cancellation if it is no longer necessary or proportionate to acquire the
communications data.
7.13 Necessity. The mechanism by which a DP may give authority to obtain
communications data requires that person to believe that it is necessary to obtain it for
one or more of the statutory purposes set out in section 22(2) of RIPA. These are:
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in the interests of national security;
for the purpose of preventing or detecting crime or of preventing disorder;
in the interests of the economic well-being of the UK so far as those interests
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