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BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
authority that has been designated for the purpose of acquiring communications data
by order.
2.11. The relevant public authorities for Chapter II are set out in section 25(1). They
are:
a police force (as defined in section 81(1) of RIPA);
the National Crime Agency;
HM Revenue and Customs;
the Security Service;
the Secret Intelligence Service; and
the Government Communications Headquarters.
These and additional relevant public authorities are listed in the Regulation of
Investigatory Powers (Communications Data) Order 201033 and any similar future
orders made under section 25 of the Act.
Communications Data
2.12. The code covers any conduct relating to the exercise of powers and duties
under Chapter II of Part I of RIPA to acquire or disclose communications data.
Communications data is defined in section 21(4) of RIPA.
2.13. The term ‘communications data’ embraces the ‘who’, ‘when’, ‘where’, and
‘how’ of a communication but not the content, not what was said or written.
2.14. It includes the manner in which, and by what method, a person or machine
communicates with another person or machine. It excludes what they say or what data
they pass on within a communication including text, audio and video (with the
exception of traffic data to establish another communication such as that created from
the use of calling cards, redirection services, or in the commission of ‘dial through’
fraud and other crimes, where data is passed on to activate communications apparatus
in order to obtain communications services fraudulently).
2.15. It can include the address on an envelope, the time and duration of a
communication, the telephone number or email address of the originator and recipient,
and sometimes the location of the device from which the communication was made. It
can also include data relating to unsuccessful call attempts i.e. when the person being
dialled does not answer the call, but where the network has been able to connect it
successfully. It does not include data relating to an unconnected call i.e. when a call is
placed, but the network is unable to carry it to its intended recipient. It covers
electronic communications (not just voice telephony) and also includes postal
services.
2.16. Communications data is generated, held or obtained in the provision, delivery
and maintenance of communications services, those being postal services or
telecommunications services. DRIPA clarified the definition of telecommunications
service in section 2 of RIPA to make explicit that provision of access to systems for
the creation, management or storage of communications is included in the provision
of a service.
2.17. ’Communications service providers’ may therefore include those persons who
provide services where customers, guests or members of the public are provided with
access to communications services that are ancillary to the provision of another
service, for example in hotels, restaurants, libraries and airport lounges.