Communications Data
On the 5th January 2004, Part I Chapter II of the Regulation of Investigatory Powers Act 2000 (RIPA) came into force. This provides the legislative framework to cover the requisition, provision and handling of Communications Data. Chapter II explains the duties and responsibilities placed upon each party involved with these processes and ensures a system of safeguards are in place, reflecting the requirements of Article 8 of the European Court of Human Rights.
The definition of Communications Data includes information relating to the use of a communications service but does not include the content of the communication itself. It is broadly split into 3 categories:
- TRAFFIC DATA - where individual A contact individual B. The information obtained would relate to when, where and how the contact was made, rather than content of communication.
- USE OF SERVICE- e.g. itemised billing information can be requested
- OTHE INFORMATION HELD BY SERVICE PROVIDER- e.g. subscriber details
There are a number of organisations who hold the powers to obtain the above information. They are detailed in Statutory Instrument 2003 No 3172, Statutory Instrument 2005 No 1083 and Statutory Instrument 2006 No1878. They include:
- Any Police Force including the Police Service of Northern Ireland (PSNI), any Police Force of HM Forces and British Transport Police
- Serious Organised Crime Agency (SOCA)*
- HM Revenue & Customs (HMRC)
- One of the Intelligence Services
- Local Authorities such as FSA, BERR, the Emergency Services; government departments such as DEFRA, Dept of Health, Home Office UK Border Agency; as well as County and District Councils. (See SI 2003 No 3172)
You can complain to the Tribunal if you believe one of these organisations has obtained your communications data.
Communications Data can only be obtained on the following grounds:
- Interests of national security
- Prevention/ detection of crime or prevention of disorder
- Interests of economic well-being of United Kingdom
- Interests of public safety
- Protection of public health
- Assessing or collecting of any tax, duty, levy or other imposition, contribution or charge payable to a government department
- In an emergency, 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.
- Assisting investigations into miscarriages of justice
- Assisting in identifying any person who has died otherwise than as a result of crime or who is unable to identify himself because of a physical or mental condition, other than one resulting from crime (such as a natural disaster or an accident.)
- Obtaining information about the next of kin or other connected persons of such a person or about the reason for his death or condition
An Authorisation or Notice must be completed by the relevant senior official of that organisation, stating the necessity and proportionality of obtaining specific information about a given individual. This Notice or Authorisation will have an authorisation period of one month, unless renewed. If renewed, the strict test of necessity and proportionality is repeated. The Tribunal can investigate whether these requirements and conditions have been met.
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