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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law enforcement agencies - such as the 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 and the Department for Transport
‘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’s ‘Director of Operations’.
All authorities with permission to obtain communications data do so in accordance with a code of practice, and all activity to obtain communications data is independently monitored by the Interception of Communications Commissioner who reports to Parliament annually.
Permission to obtain communications data
A designated person may only grant an authorisation to obtain communications data if they consider it necessary, proportionate and for a reason available to their public authority whether relating to:
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the interests of national security
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the interests of public safety
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protecting economic well-being of the UK
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protecting public health
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preventing or detecting crime or preventing disorder
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preventing or mitigating death or injury or any damage to a person’s physical
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or mental health in an emergency
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assessing or collecting any tax, duty, levy or other charge payable to a government department
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assist investigations into alleged miscarriages of justice
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to identify a person who has died or unable to identify themselves because of a condition not attributable to a crime and to obtain details of the next of kin of such a person or to gather information about the causes of their 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.
