44
A Democratic Licence to Operate
2.52
In June 2015, a report by Big Brother Watch used police data obtained using the FOIA
2000 which showed officers were making a request for communications data every two
minutes and obtaining access in 96 per cent of cases. In a response to the report, the
Office of the Interception of Communications Commissioner (IOCCO) highlighted the
fact that much of the police data contained in the report was collected under older – and
flawed – statistical requirements, and that some of Big Brother Watch’s recommendations
were now implemented.56
2.53
A particular concern of the ISR Panel is that surveillance and mass data collection by
private-sector organisations is largely overlooked in discussions of transparency. The
acquisition, retention and use of citizen data by the private sector is a crucial aspect of
the debate, which needs to be addressed.
2.54
Bearing in mind the multitude of opinions and arguments over privacy, ethics and human
rights, the Panel note that much of the significant controversy over the interception of
citizens’ data revolves around three key questions: Are the public aware of who can
collect their data and for what purpose? Do the public have confidence in the legislative
and governance frameworks which govern data usage? Are the public satisfied with the
authorisation, accountability and oversight checks that are in place?
56. Interception of Communications Commissioner’s Office (IOCCO), ‘Why Policy Makers
Should Exercise Caution with the Communications Data Figures Published in the
Guardian’s Article Today Claiming That Requests Are “Out of Control” Via Big Brother
Watch’, 2015, <http://www.iocco-uk.info/docs/Response%20to%20the%20Guardian%20
article%20of%201st%20June%202015.pdf>.