The rights of access stem from the Regulation of Investigatory Powers Act of 2000, known as RIPA, which interacts with the Anti-Terrorism, Crime & Security Act (ATCSA), enacted in 2001, shortly after the September 11th atrocities.
The 2001 Act required the retention of communications data by ISPs and telcos on the grounds that these were needed for the purpose of fighting terrorism. However, once retained, the RIPA provisions permit access to many other agencies for purposes unconnected with terrorism.
Communications data are those data, retained by telcos (including ISPs and interactive television service providers), which describe the caller and the means of communication (e.g. subscriber details, billing data, e-mail logs, personal details of customers, and records showing the location where mobile phone calls were made). Communications data do not include the content of the communications.
This information is valuable as it can be used to create a comprehensive dossier on the contacts, friendships, interests, transactions, and movements of an individual. Since nearly everyone in the UK uses electronic communications, the provisions of RIPA and ATCSA impacts on most adults in the UK.
Access to communications data was the subject of a draft Order laid before Parliament in 2002, which listed a wide number of enforcement agencies who would be entitled to obtain access.
This draft Order was quickly dubbed a "Snoopers' Charter" by critics. It was subsequently withdrawn. A replacement, the Regulation of Investigatory Powers (Communications Data) Order 2003, was passed by Parliament in September and came into force on 5th January this year.
In addition to the police, Inland Revenue, Customs and Excise, MI5, MI6 and GCHQ, the new Order gives certain other agencies rights to access communications data. These are fewer in number than in the original "Snoopers' Charter," but do include:
The Financial Services Authority;
The Office of Fair Trading;
The Maritime and Coastguard Agency;
The UK Atomic Energy Constabulary;
The Scottish Drugs Enforcement Agency;
The Radiocommunications Agency;
NHS bodies, in connection with health and fraud;
Local Authorities (but not parish councils); and
The Office of the Police Ombudsman for Northern Ireland.
In September, the Home Office said that the new measures would balance privacy and the protection of the public, and represent a radical revision of the previous Order.
In particular, said the Home Office, the new Order would restrict the type of information public authorities are granted access to and restrict the reasons why public bodies can be granted access to communications data.
It would also only allow senior designated people within public bodies to authorise access and ensure regular checks on public authorities by the Interception of Communications Commissioner to ensure access is not abused.
But civil rights groups were not convinced. In September, Shami Chakrabati, Director of human rights organisation Liberty, said: "The government has failed to learn from its mistakes." She explained:
"Such groups as The Charity Commission, the Gaming Board and the Postal Services Commission will now be able to use agents and informants to carry out investigations. Why? This underlines the uncomfortable fact that the British public are the most spied upon people in the Western world."