HC Deb 06 November 2002 vol 392 c332W
Harry Cohen

To ask the Secretary of State for the Home Department, what guidance he has issued to public authorities about the procedures for the collection of communications data under the Regulation of Investigatory Powers Act 2000 with regard to industrial action; and if he will make a statement. [77240]

Mr. Blunkett

The access to communications data provisions in the Regulation of Investigatory Powers Act (RIPA) have not yet been implemented. I will be bringing forward new proposals in relation to any additional public authorities under Chapter II of Part I of RIPA following detailed public consultation. However, the RIPA does not provide for access to communications data for purposes relating to industrial action. A strict test of "necessity" must be met before any communications data is obtained under RIPA. An authorising officer must not only consider the communications data to be necessary but must also consider the conduct involved in obtaining the communications data to be "proportionate" to what it seeks to achieve. The grounds on which it is necessary, for example, include: in the interests of national security; for the purpose of preventing or detecting crime or of preventing disorder.

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