Report of the Interception of Communications Commissioner - July 2016
Communications Data Errors
What is a communications data error?
7.76 Paragraphs 6.11 to 6.28 of the Code of Practice explain the point at which errors
occur and the actions required of the public authority or the CSP.
7.77 An error occurs when a DP has granted an authorisation and the acquisition of
data has been initiated; or has given notice and the notice has been served on a CSP.
7.78
There are two categories of errors: reportable and recordable.
7.79 Recordable errors: In cases where an error has occurred but is identified by the
public authority or the CSP without data being acquired or disclosed wrongly, a record
will be maintained by the public authority of such occurrences. For example, where
human error, such as the transposition of digits occurs, but does not result in the wrongful
acquisition or disclosure of communications data. The record will explain how the error
occurred and provide an indication of what steps have been, or will be, taken to ensure
that a similar error does not recur. During our inspections we examine the recordable
errors along with any steps the public authority has taken to prevent recurrence.
7.80 Reportable errors: In cases where an error has occurred that has led to
communications data being acquired or disclosed wrongly a reportable error will arise.
For example, where the wrong type of data or data in relation to the wrong telephone
number is acquired or disclosed. In some instances wrongful disclosures infringe the
rights and freedoms of individuals not connected with the particular investigation or
operation. Reportable errors must be reported to IOCCO in no more than five working
days of being discovered (see Paragraphs 6.15 and 6.19 of the Code of Practice). The error
report must explain how the error occurred, indicate whether any unintended collateral
intrusion has taken place and, provide an indication of what steps have been, or will be,
taken to ensure that a similar error does not recur.
7.81 The vast majority of reportable errors are self-reported to us by public authorities
and CSPs. As mentioned in our July 2015 report there is a strong culture of self-reporting
when things go wrong by both public authorities and CSPs.
7.82 We recently devised new error report form templates to be used by public
authorities56 and CSPs57 to improve the quality of the information provided in the reports,
in particular to tease out sufficient detail to reveal the root cause of any error, the impact
that error has had, the measures implemented to prevent recurrence and to confirm that
any data that has been acquired erroneously has been destroyed.
56 http://www.iocco-uk.info/docs/Public%20Authority%20Error%20Report%20Form%20vJun16.docx
57 http://www.iocco-uk.info/docs/CSP%20Error%20Report%20Form%20vJun16.docx
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