Asked by: Lord Mann (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the average timescale between information being requested by UK law enforcement agencies from communication service providers in relation to criminal investigations and that information being provided.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Home Office officials work with law enforcement regularly to consider what data is operationally valuable to them and how they may lawfully access it. It is vital that law enforcement agencies have the information they need to detect and prevent crime and keep the public safe.
The legal routes available to law enforcement agencies will depend on the specific circumstances and the types of data sought.
The Investigatory Powers Act 2016 allows the Government to place obligations on Telecommunications Operators to co-operate with Law Enforcement Agencies in providing specific data required for investigations.
The Act governs these powers and provides extensive privacy safeguards and a robust oversight regime, including approval of the most intrusive powers by an independent Judicial Commissioner and the Secretary of State.
During the parliamentary passage of the IPA, the UK Government set out, in detail, how IPA powers can be used, and continues to do so where appropriate.
The information concerning average timescales for data being requested by UK law enforcement agencies from communication service providers is not held centrally by the Home Office. Each Public Authority authorised to acquire data under the Investigatory Powers Act 2016 will likely maintain records of their own average timescales. These timescales may depend on the Telecommunications Operator and the urgency of the investigation.
Asked by: Lord Mann (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what is the current annual budget required to cover the cost of obtaining information, including IP addresses, from communication service providers in relation to criminal investigations.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Information relating to the cost of obtaining information from communication service providers in relation to criminal investigations is not held centrally by the Home Office.
Section 249 of the Investigatory Powers Act 2016 recognises that Telecommunications Operators and Postal Operators incur expenses in complying with requirements in the Act. The Act, therefore, allows for appropriate, minimal reimbursement to be made to them to cover these costs insofar as they do not suffer commercial disadvantage for complying with their notice. All other costs are expected to be met by the Telecommunications Operator. Section 22 of the Communications Data Code of Practice sets out further relevant detail in relation to Communications Data funding.
Asked by: Lord Mann (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many requests for information from the UK police and law enforcement agencies for information from communications service providers are currently outstanding for longer than (1) one month, (2) three months, and (3) one year.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
The Home Office do not hold this information centrally. Each Public Authority authorised to acquire data under the Investigatory Powers Act 2016 will likely maintain their own records.
Asked by: Lord Mann (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government which communications service providers charge for information requests, such as IP addresses, from the UK police and law enforcement agencies for use in criminal investigations, and whether these include (1) Facebook, (2) Twitter, (3) Google, (4) TikTok, and (5) Parler.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
It would be operationally and commercially sensitive to discuss the details of any specific company and their support in investigations. The IPA, in Section 249, provides a statutory cost recovery mechanism stating that the Telecommunications Operator should “receive an appropriate contribution in respect of such of their relevant costs” (s249(1)) and that any payment may be “subject to terms and conditions determined by the Secretary of State” (s249(3)).
Asked by: Lord Mann (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of which communications service providers do not (1) recognise, and (2) accept, the extraterritorial application of the Regulation of Investigatory Powers Act 2000; and whether these include (1) Facebook, (2) Twitter, (3) Google, (4) TikTok, and (5) Parler.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Much of the Regulation of Investigatory Powers Act 2000 has been replaced by the Investigatory Powers Act 2016. The IPA regime enables the extraterritorial application of our laws so that requests can be made both domestically and overseas. Whilst HMG cannot comment on the opinion of private companies, the IPA is enforceable through civil proceedings.