64
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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 in writing,
electronically or orally.
6.13. Any failure by a public authority to apply correctly the process of acquiring or
obtaining communications data set out in this code will increase the likelihood of an
error occurring.
6.14. Where any error occurs in the grant of an authorisation, the giving of a notice
or as a consequence of any authorised conduct, or any conduct undertaken to comply
with a notice, a record should be kept.
6.15. Where an error results in communications data being acquired or disclosed
wrongly, a report must be made to the Commissioner (‘a reportable error’). Such
errors can have very significant consequences on an affected individual’s rights with
details of their private communications being disclosed to a public authority and, in
extreme circumstances, being wrongly detained or wrongly accused of a crime as a
result of that error.
6.16. 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 (‘recordable error’). These
records must be available for inspection by the Commissioner.
6.17. This section of the code cannot provide an exhaustive list of possible causes
of reportable or recordable errors. Examples could include:
Reportable errors
an authorisation or notice made for a purpose, or for a type of data, which
the relevant public authority cannot call upon, or seek, under RIPA;
human error, such as incorrect transposition of information from an
application to an authorisation or notice where communications data is
acquired or disclosed;
disclosure of the wrong data by a CSP when complying with a notice; and
acquisition of the wrong data by a public authority when engaging in
conduct specified in an authorisation.
Recordable errors
a notice has been given which is impossible for a CSP to comply with and
the public authority attempts to impose the requirement;
failure to review information already held, for example unnecessarily
seeking the acquisition or disclosure of data already acquired or obtained
for the same investigation or operation;
the requirement to acquire or obtain the data is known to be no longer
valid;
failure to serve written notice (or where appropriate an authorisation) upon
a CSP within one working day of urgent oral notice being given or an
urgent oral authorisation granted; and