Communications data
Code of practice
The Acquisition and Disclosure of Communications Data Code of Practice provides guidance to public authorities on correct procedures for accessing communications data.
Code laid before Parliament
A draft order and explanatory memorandum was laid before Parliament to secure approval of the Acquisition and Disclosure of Communications Data Draft Code of Practice - relating to the exercise of powers and duties under Chapter II of Part I of the Regulation of Investigatory Powers Act (RIPA), in force since January 2004.
Parliament has now approved the Code of Practice for Communications Data which came into force on 1 October 2007.
What does the code say?
The code of practice provides detailed information about the responsibilities of each party involved in accessing and disclosing communications data.
It does not relate to interception of communications content. The code is admissible in evidence in criminal and civil proceedings.
It features specific guidance on:
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situations where acquiring communications data is considered necessary and proportionate
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grounds on which each relevant public authority can and can’t access communications data
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when to grant authorisations, when to issue notices
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duration, renewal and cancellation of authorisations and notices
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record keeping
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data protection
Read the Acquisition and Disclosure of Communications Data Code of Practice.
What happens if the code’s procedures aren’t followed?
Complaints about improper acquisition and disclosure of communications data may be reported to the interception of communications commissioner.
The commissioner may then refer the case to the investigatory powers tribunal or they may be reported directly by an effected individual to the tribunal.
