Communications data
Obtaining and disclosing data
A strict necessity test must be passed before any communications data can be obtained.
Who can obtain communications data?
A range of public authorities can lawfully obtain communications data, including:
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intelligence and law enforcement agencies - such as the Security Service, police, the Serious Organised Crime Agency and HM Revenue & Customs
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emergency services – such as ambulance services, fire authorities and HM Coastguard
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other public authorities – such as the Financial Services Authority, local councils and the Home Office UK Border Agency.
Authorisations
'Authorisations' to obtain communications data are granted by a 'designated person' within each of these organisations.
Parliament has specified different levels of seniority required to be a designated person for different public authorities. For example, the police ranking required is primarily ‘superintendent’ and for ambulance services it is 'director of operations'.
All authorities with permission to obtain communications data do so in accordance with a code of practice.
Also, all activity to obtain communications data is independently monitored by the interception of communications commissioner who reports to the prime minister and publishes an annual report.
Permission to obtain communications data
A designated person may only grant an authorisation to obtain communications data if they consider it necessary and proportionate with regard to human rights to do so.
RIPA limits each public authority’s access to communications data to one or more purposes in line with its particular remit:
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the interests of national security
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for the purpose of preventing or detecting crime or preventing disorder
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in the interests of the economic well-being of the UK
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the interests of public safety
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for the purpose of protecting public health
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for the purpose of assessing or collecting any tax, duty, levy or other charge payable to a government department
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for the purpose, in an emergency, of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health
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to assist investigations into alleged miscarriages of justice
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to assist in identifying a person who has died or is unable to identify himself, or to obtain information about his next of kin or others connected with him or about the reason for his death or condition.
Obtaining the data
The designated person may give notice to a communications service provider (CSP) requiring them to disclose specific communications data or grant an authorisation to officials to acquire specific communications data.
Where notice is given, the CSP must comply with the notice within a reasonable time and supply data where it is reasonable to do so.
If a CSP fails to disclose the required communications data then the Secretary of State may take civil proceedings against them, which may result in the issue of, inter alia, an injunction which would have the effect of compelling the provision of data.
A notice must immediately be cancelled if the reasons for which it was granted are no longer valid.
