470 complaints over access to communications data – none upheld

Communications data is data used and retained by service providers for the purposes of enabling communications or related billing (including subscriber details, e-mail logs and records showing the location where mobile phone calls were made) but does not include the content of such communications. Communications data is valuable from both a commercial and law enforcement perspective as it can be used to identify the contacts, friendships, interests, transactions and movements of individuals.

Permitting third parties to access communications data is seen by human rights groups as a breach of personal privacy. However, such access is permitted under a legal framework.

The Anti-Terrorism, Crime & Security Act 2001, enacted in the aftermath of the September 11th tragedy, requires the retention of communications data for the purpose of fighting terrorism. However, the Regulation of Investigatory Powers Act of 2000 (RIPA) permits many UK government agencies to access communications data for purposes unrelated to terrorism.

RIPA established a watchdog, the Investigatory Powers Tribunal, to deal with complaints over police and secret service surveillance of individuals. The remit of the Tribunal includes complaints concerning access to communications data.

According to the ZDNet UK report, Home Office spokesman Simon Watkin told a recent Parliamentary meeting that, while the Tribunal had looked at 470 complaints regarding investigations under RIPA, none of these complaints were upheld.

Watkin claimed that this "shows that the complainants either weren't under surveillance at all, or that their communications data was being lawfully intercepted". However, this was clearly met with some scepticism from the Chairman of the Parliamentary meeting, Lord Phillips, who expressed his amazement that none were found to be legitimate complaints.