Corporate Policy and Procedures Document on Accessing Communications Data

Wiltshire Council

Corporate Policy and Procedures Document on

Accessing Communications Data

(The Investigatory Powers Act 2016 (IPA))

Authorising Individual

An individual who can authorise Communications Data applications. For the purposes of any applications made by the Council, an Authorising Individual will be either an Authorising Officer from the Office for Communications Data Authorisations or a Judicial Commissioner (see below).

Authorising Officer

An officer of the Office for Communications Data Authorisation with delegated authority from the Investigatory Power's Commissioner's Office to authorise Communications Data applications.

Cabinet

The body defined in Article 7 of the Wiltshire Council Constitution.

Collateral intrusion

Collateral intrusion is intrusion into the privacy of persons other than those who are directly the intended subjects of the investigation or operation.

Communications data

Communications data means any information held or obtained by a telecommunications operator or postal operator that relates to a person. It includes any information held by those service providers about that person's use of those services, including the way in which and the method by which the person communicates with another person or thing.

Communications data does not include the content of any communications held by any telecommunications operator or postal operator and nothing in this policy authorises Council officers to access such data.

Confidential information

Confidential Information consists of matters subject to legal privilege, confidential personal information or confidential journalistic material.

Confidential personal information is information held in confidence relating to the physical or mental health or spiritual counselling concerning an individual (whether living or dead) who can be identified from it. Such information, which can include both oral and written communications, is held in confidence if it is held subject to an express or implied undertaking to hold it in confidence or it is subject to a restriction on disclosure or an obligation of confidentiality contained in existing legislation. Examples might include consultations between a health professional and a patient, or information from a patient's medical records.

Designated senior officer

A Designated Senior Officer may also be referred to as the Designated Person. They are a senior officer of the Council who holds the position of director, head of service or service manager, who has received training for the purpose of considering applications for access to Communications Data.

Designated Senior Officers are listed at Appendix 2 of this policy.

Investigatory Powers Commissioner's Office (IPCO)

The independent body that oversees compliance with IPA 2016 and surveillance powers contained in RIPA 2000 and other legislation.

Judicial Commissioner

A member of the judiciary based at the Investigatory Powers Commissioner's Office who is responsible for providing an independent review of IPA authorisations to identify or confirm journalistic sources.

Office for Communications Data Authorisations (OCDA)

The Office for Communications Data Authorisations carries out a safeguarding function and decides applications on behalf of the Investigatory Powers Commissioner (IPC).

RIPA Co-ordinating Officer (RCO)

An experienced member of Legal Services' team (Senior Solicitor or above) responsible for the day-to-day oversight of applications (both IPA and RIPA) and reporting to the Senior Responsible Officer of any failings, training needs or improvements to the system.

Senior Responsible Officer (SRO)

The Head of Legal Services, Wiltshire Council.

Single Point of Contact (SPoC)

A single point of contact (SPoC) is a person who has received specific training in accessing communications data.

Local authorities are required to have collaboration agreements in place with the National Anti-Fraud Network (NAFN) to provide SPoC services. The officers at NAFN scrutinise applications independently and, following final approval from an Authorising Officer at Office for Communications Data Authorisations, acquire the communications data on behalf of the Council.