Corporate Policy and Procedures Document on Accessing Communications Data

The Investigatory Powers Act 2016 (IPA), which came into force on 11 June 2019, governs the use of investigatory powers by local authorities in relation to the acquisition of Communications Data.

The Act brings together the powers already in existence as created by the Regulation of Investigatory Powers Act 2000 (RIPA) as well as creating additional safeguards and oversight arrangements. Section 12 and Schedule 2 of IPA abolishes and amends other information gathering powers that provided for access to Communications Data without appropriate safeguards.

IPA provides a statutory framework for the authorisation and conduct of the acquisition of Communications Data. Its aim is to provide a balance between preserving people's right to privacy and enabling enforcement agencies to gather evidence for effective enforcement action.

It is consistent with the Human Rights Act 1998 and creates a system of safeguards, reflecting the requirements of Article 8 of the European Convention on Human Rights (right to respect for a person's private and family life, home and correspondence). 

Compliance with IPA means that any conduct authorised under it is "lawful for all purposes". This important protection derives from section 81(1) of IPA, which gives the authorised person an entitlement to engage in the conduct which has been authorised.

Compliance with IPA will assist the Council in any challenges to the way in which evidence has been gathered and will enable the Council to demonstrate that it has acted lawfully. Non-compliance may result in:

(a) evidence being disallowed by the courts;

(b) a complaint of maladministration to the Ombudsman; or

(c) the Council being ordered to pay compensation.

It is essential therefore that the Council's policies and procedures, as set out in this document, are followed. A flowchart of the procedures to be followed appears at Appendix 1.

Council officers will also need to ensure compliance with the Code of Practice at Appendix 2. Where any provision of the Code of Practice appears to be relevant to any court or tribunal hearing, the Code will be admissible in evidence for both criminal and civil proceedings.