§ Harry CohenTo ask the Secretary of State for the Home Department if he will publish the terms of reference given to the privacy experts consulted in relation to the draft Code of Practice concerning access to communications data; what the cost was of this consultation; whether these experts were consulted in relation to the draft Code of Practice concerning the retention of communications data; and if he will make a statement. [104406]
§ Mr. Bob AinsworthThe terms of reference of the independent experts who assisted the preparation of the consultation paper "Access to communications data—respecting privacy and protecting the public from crime" have been:
- 1. To advise on the terms of, and process for, a public consultation paper on the addition of public authorities to the access to communications data provisions of the Regulation of Investigatory Powers Act 2000 (RIPA) to ensure: clarity, accessibility, credibility and balance of consultation paper; effective dissemination to a wide audience, and that concerns expressed over original draft RIPA Order are seen to be addressed.
- 2. To advise on the scope of a wider review on the balance between privacy and protecting the public and the terms in which such a review is proposed in the consultation on the
264W RIPA access to communications data order, taking into account, amongst other issues: the Performance and Innovation Unit (PIU) study "Privacy and data sharing", and the views of other Government Departments (including the Lord Chancellor's Department, the Office of the e-Envoy and others as appropriate). - 3. To attend meetings, provide written or oral advice and to prepare reports as required.
To date, the cost of engaging the independent experts' time and their consultancy advice has been £49,547. Although the experts were engaged to assist with preparation of the consultation paper on access to communications, we asked one of the experts to review the draft consultation paper and draft code of practice for voluntary retention of communications data.
§ Harry CohenTo ask the Secretary of State for the Home Department how many staff the Interception of Communications Commissioner will have to supervise those who have access to communications data under the draft Code of Practice; and if he will make a statement. [104407]
§ Mr. Bob AinsworthThe Interception of Communications Commissioner has a statutory duty to keep under review the exercise of powers and duties by persons who will obtain and disclose communications data under Part I Chapter II of the Regulation of Investigatory Powers Act, when it is implemented. The number of staff the Commissioner has to assist him fulfil this duty will depend on how the legislation is implemented and what additional role, or roles, he may have in safeguarding the use of powers to access communications data.
The consultation paper "Access to communications data—respecting privacy and protecting the public from crime", published on 11 March, invites views on these matters. We are also discussing with the Commissioner how he envisages his role and the resources he may require.