Access to Communications Data

From LINX Public Affairs

Access to Communications Data by public authorities in the UK is governed by Part I Chapter 2 of the Regulation of Investigatory Powers Act 2000 ("RIPA").

Although few if any legacy powers have been removed from public authorities to access communications data under previous enactments, the Department of Work and Pensions is the only public authority that still actively makes use of non-RIPA powers. This is supposedly justified by the fact that its powers derive from the Social Security Fraud Act 2001, which post-dates RIPA.

A key feature of RIPA Part 1 Chapter 2 processes is that every police authority has a Single Point of Contact (SPOC), through which all such RIPA notices from the police to communications services providers should be issued. This provides an important element of quality control. The Home Office operates a web site for CSPs to assist in verifying the identity of SPOCs.

In 2006 the Home Office released details of a Statutory Code of Practice for RIPA Part I Ch2 powers. Its public consultation ran from 6th June to 30th August 2006. LINX submitted comments to this consultation.