66
A Democratic Licence to Operate
never using their powers to acquire communications data. Ninety-five local authorities
reported using their powers in 2014, during which there were 319 total applications and
2,110 total notices and authorisations granted.44
3.80
On 12 February 2015, an amendment to the legislation resulted in thirteen public
authorities with access to communications data under Chapter I of Part I of RIPA 2000
having their powers removed,45 listed below along with the number of notices and
authorisations (excluding urgent oral) granted in 2013 shown in brackets:46
•
•
•
•
•
•
•
•
•
•
•
•
•
Royal Mail Group (119)
Department for Business, Innovation and Skills (34)
Environment Agency (18)
Port of Liverpool Police (12)
Civil Nuclear Constabulary (11)
Department of the Environment (Northern Ireland) (1)
Charity Commission (0)
Department of Agriculture and Rural Development (Northern Ireland) (0)
Department of Environment, Food and Rural Affairs (0)
Food Standards Agency (0)
Pensions Regulator (0)
Port of Dover Police (0)
Scottish Environment Protection Agency (0).
3.81
Powers were also granted to the Financial Conduct Authority and the Prudential
Regulation Authority in order for them to be able to ‘obtain communications data for
the purpose of exercising functions relating to the regulation of financial services and
markets or to financial stability’.47
3.82
The use of communications data by all agencies, including local authorities, is overseen
by the Interception of Communications Commissioner. According to the IOCCO 2014
Annual Report:
[The Commissioner’s] office has continued to undertake our audits of public authorities’ use of
these intrusive powers against existing legislation and to make recommendations to improve
compliance. Overall the inspections carried out by my office show that the staff within the
public authorities have a desire to comply with the legislation and to achieve high standards
44. May, Report of the Interception of Communications Commissioner: March 2015.
45. Home Office, ‘The Regulation of Investigatory Powers (Communications Data)
(Amendment) Order 2015’, SI 2015/228.
46. Anthony May, 2013 Annual Report of the Interception of Communications Commissioner
(London: The Stationery Office, 2014).
47. See explanatory note in Home Office, ‘The Regulation of Investigatory Powers
(Communications Data)(Amendment) Order 2015’, SI 2015/228.