Communications Data (Hansard, 15 October 2003)

§ Harry Cohen
To ask the Secretary of State for the Home Department how many prescribed officers will be able to authorise access to communications data under 257W (a) Schedule 1, columns 1 and 2 and (b) Schedule 2, columns 1 and 2 of the draft Regulation of Investigatory Powers (Communications Data) Order 2003, broken down by organisations authorised to provide access. [131710]

§ Caroline Flint
This information is not held centrally.

§ Harry Cohen
To ask the Secretary of State for the Home Department whether a single authorised request for access to communications data can involve all individuals who have contacted an organisation identified in the Schedules of the draft Regulation of Investigatory Powers (Communications Data) Order 2003; and what estimate he has made of the number of people whose communications data will be accessed in a single year. [131712]

§ Caroline Flint
Under Part I Chapter II of the Regulation of Investigatory Powers Act 2000, any authorisation granted or notice given requiring the disclosure of communications data must be necessary for a purpose set out in section 22(2). Obtaining the data must also be proportionate to what is sought to be achieved by that taking into account the extent of the intrusiveness of what is proposed and the operational need for that. The imposition of a regulatory framework will enable a clearer assessment of how many people lawful acquisition of communications data impacts upon.

§ Harry Cohen
To ask the Secretary of State for the Home Department how many staff the Interception of Communications Commissioner will have to supervise those who are authorised to gain access to Communications Data under the draft Regulation of Investigatory Powers (Communications Data) Order 2003; and if he will make a statement on the current staffing levels of the Commissioner. [131709]

§ Caroline Flint
I refer my hon. Friend to the answer given by my hon. Friend the Member for Coventry North East (Bob Ainsworth) on 26 March 2003,Official Report, column 264W.
The Interception of Communications Commissioner is considering the number of staff he will require to undertake his statutory duty and how he might additionally undertake some form of third party prior approval of certain requirements for disclosure of communications data. This was proposed in the consultation paper "Access to communications data—respecting privacy and protecting the public from crime", a summary of responses to which has been published¹.
The Commissioner is satisfied that the staffing level in his office is sufficient to meet his current responsibilities. ¹http://www.homeoffice.gov.uk/docs2/access_comms_data.html

§ Harry Cohen
To ask the Secretary of State for the Home Department how many authorised requests for access to communications data he has estimated each organisation identified in the Schedules of the draft Regulation of Investigatory Powers (Communications Data) Order 2003 will make in a year. [131711]

§ Caroline Flint
In the consultation paper 'Access to communications data—respecting privacy and protecting the public from crime' the Government estimated public authorities have approximately half a258W million requirements For disclosure of communications data annually and, where kept, gave figures for specific public authorities. The imposition of a regulatory regime for acquisition of communications data will require proper record keeping by each public authority exercising powers under Part I Chapter II of the Regulation of Investigatory Powers Act 2000.

§ Harry Cohen
To ask the Secretary of State for the Home Department whether the police, having gained access to communications data, have the powers to disclose such data to the Inland Revenue for the purposes of collection of tax or duty; and what plans he has to withdraw the draft Regulation of Investigatory Powers (Communications Data) Order 2003 to make specific reference to section 22(2)(f) of the Regulation of Investigatory Powers Act 2000. [131713]

§ Caroline Flint
The draft Regulation of Investigatory Powers (Communications Data) Order 2003 makes specific reference to section 22(2)(f) of the Regulation of Investigatory Powers Act 2000. It provides that only the Commissioners of Customs and Excise and the Commissioners of Inland Revenue may grant an authorisation or give a notice requiring disclosure of communications data for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a Government Department. The police having obtained communications data for another purpose have no power to disclose that data to the Inland Revenue for the purposes of collecting tax or to Customs and Excise for the purposes of collecting duty.