Materialidad

80. Clause 14 provides a power to establish filtering arrangements to facilitate the lawful, efficient and effective obtaining of communications data by relevant public authorities and to assist a designated senior officer in each public authority to determine whether he believes the tests for granting an authorisation to obtain data have been met. The filtering arrangements will minimise the interference with Article 8(1) rights to which requests for internet based communications data will give rise thereby ensuring that privacy is properly protected. “Filtering Arrangements” is defined in clause 21(1) as arrangements under clause 14(1). 81. The power to establish filtering arrangements in subsection (1) operates solely in the context of Part 2 of the Bill which creates a regulatory regime for obtaining data. The power is intended to facilitate the obtaining of data in particular cases by public authorities in accordance with an authorisation under clause 9 whilst protecting privacy. Any communications data obtained by the filtering arrangements must be immediately destroyed in such a way that it can never be retrieved once the purposes of the authorisation have been met. The power will be exercised in two main ways.

82. First, the Request Filter under clause 14(1) will provide the designated senior officer with assistance in determining whether he believes the tests for granting an authorisation are met in any particular case. The Request Filter may: a) provide details of different options the Request Filter may employ to provide a response to a specific public authority data request; and b) for each identified option, provide details of the anticipated levels of interference and the likely precision of the returned results. The information provided by the Request Filter will enable the designated senior officer to understand how the Filter will answer particular questions, and will guide him through the process of determining which questions he believes it is necessary and proportionate to ask, taking into account the filtering and processing which will be undertaken and the volume of filtered data which will be disclosed.

83. Second, if the designated senior officer grants the authorisation, the Request Filter will facilitate where necessary the efficient and effective obtaining of required Part 2 data under the authorisation on behalf of investigators whilst minimising any interference with the privacy of those whose data is processed and disclosed. As explained above, the Request Filter will be operated at arm’s length from the investigation under the oversight of the Interception of Communications Commissioner by virtue of clause 22.

84. In accordance with subsection (2), the Filter will:

• automate the obtaining of communications under an authorisation in response to a lawful, authorised data request from a public authority. Where extra data has to be obtained by the filter in order to obtain the data which has been requested, this extra data will only be available to the filter and will not be disclosed to the requesting public authority;

• where necessary process the obtained communications data to obtain the data which has been requested; and

• disclose to the public authority only the requested filtered Part 2 data specified in the authorisation which is required to answer the request. The duties imposed under clause 16 will ensure that the Request Filter can only ever disclose the filtered Part 2

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data necessary to answer a particular request. Once the filter has provided the answer to the question to the public authority, all other data relating to the request must be destroyed in such a way that it can never be retrieved.

85. Subsection (3) further provides that the exercise of the clause 14 power may, in

particular, provide for the generation or use of certain categories of additional information. 86. Aside from communications data, any new processing and filtering capability under Part 2 will require some additional information to assist the designated senior officer in determining whether the tests for granting an authorisation are met and to provide audit and oversight information to the operator of the Request Filter and the Interception of Communications Commissioner. This information is specified in subsection (3)(a) and (b)

and may include:

• information about the type and volume of data likely to be obtained by the Filter in any particular case to ensure that the designated senior officer can assess the anticipated levels of interference, and make an informed decision as to whether he believes it is necessary and proportionate to obtain the data;

• audit and management information relating to the use made of the Request Filter to enable administrative, financial and security oversight to be exercised on a day-to-day basis; and

• information required by the Interception Commissioner to keep under review and report on the proper operation of the Request Filter.

87. Subsection (3) ensures that express statutory provision is made for this additional

information, and that the use of such information is subject to appropriate safeguards. Part 2 ensures, in particular, that information of this type can only be disclosed for the limited set of purposes set out on in clause 16(2).

88. Subsection (4) specifies that provision must be made for the generation and retention

of information or documents which are needed by the Interception of Communications Commissioner to carry out his functions. These functions are inserted into RIPA by clause 22.