Accessing Communications Data Policy

1. Statement of Policy

Dyfed-Powys Police will comply with the Home Office Communications Data Code of Practice in relation to Parts 3 and 4 of the Investigatory Powers Act 2016 which has replaced the Regulation of Investigatory Powers Act 2000 in relation to Communications Data. The Acquisition of Communications Data takes place under the provision of part 3 of the Act and the procedures to be followed when communications data is retained is under Part 4 of the Act.

Applies (but not limited) to: All categories of Dyfed Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers . Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

 

2. Policy Scope

The purpose of this policy is to provide guidance to police personnel accessing communications data within the Force.

The legal basis for the exercise of powers and duties outlined in this policy are:

• Human Rights Act 1998
• The Investigatory Powers Act 2016

 

Dyfed-Powys Police consider that these actions are necessary in a democratic society in the interest of, and in order to safeguard:

• Public safety
• The prevention of disorder or crime
• The protection of public order
• The protection of rights and freedoms of others

All officers and staff, in the adoption of this policy, and in the exercise of their daily duties, must ensure that:

1. They follow a clearly defined decision-making process by detailing their objective(s), assessing all available and relevant information and feasible options, documenting decisions, and reviewing outcomes;
2. They give due regard to the welfare, safety, general well-being, privacy and human rights of all individuals;
3. They do not unjustifiably discriminate against any individual or groups of individuals;
4. Actions taken are justified, necessary, lawful, strictly proportional to, and are the less intrusive and damaging option to the achievement of their legitimate aims;
5. Failure to comply with this policy means that the organisation will be in breach of the Investigatory Powers Act 2016 and a report will be made to the IPCO.

 

3.  Powers and Policy/Legal Requirements

In order to access communication, the following legislation has to be complied with;

1. Investigatory Powers Act 2016 and Codes of Practice
2. Human Rights Act 1998
3. Criminal Justice Act 1967 (Witness statements)
4. Criminal Procedure and Investigation Act 1996 ((Disclosure)
5. Data Protection Laws

For information in relation accessing communications data, types of communications data and grading there is a separate document which covers this.

 

4. Options and Contingencies

RELATED POLICIES, PROTOCOLS, PRACTICES OR SERVICE AGREEMENTS

Communications Data guidance documents

(a)      Applying for Communication Data

(b)      Fatal Road Traffic Collisions

(c)      Step by step guide for applicants

(d)      Applications for Communications Data

(e)      Covert Data Records and Products Management Policy

 

5. Take action and review

Monitoring will be on-going to consider:

• Its effectiveness
• Any changes to legislation / Home Office Guidance
• Challenges to the policy
• Any identified inefficiencies in relation to implementation
• This policy will be reviewed annually

The SPOC department undergoes an annual inspection by the Investigatory Powers Commissioners Office and provided with recommendations and observations which are implemented by way of departmental action plan.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: January 2024