RIPA Part I Chapter II consultation

3.3 The applicant is a person involved in conducting an investigation or operation for a relevant public authority who makes an application in writing or electronically for the acquisition of communications data. The applicant completes an application form, setting out for consideration by the designated person, the necessity and proportionality of a specific requirement for acquiring communications data.

3.4 Applications may be made orally in exceptional circumstances^[30], but a record of that application must be made in writing or electronically as soon as possible.

• ^[30] See paragraph 3.48 – 3.54

3.5 Applications – the original or a copy of which must be retained by the SPOC within the public authority – must:

• include the name (or designation^[31]) and the office, rank or position held by the person making the application;
  
• include a unique reference number;
  
• include the operation name (if applicable) to which the application
  relates;
  
• specify the purpose for which the data is required, by reference to a statutory purpose under 22(2) of the Act;
  
• describe the communications data required, specifying, where relevant, any historic or future date(s) and, where appropriate, time period(s);
  
• explain why the acquisition of that data is considered necessary and proportionate to what is sought to be achieved by acquiring it;
  
• consider and, where appropriate, describe any meaningful collateral intrusion – the extent to which the privacy of any individual not under investigation may be infringed and why that intrusion is justified in the circumstances, and
  
• identify and explain the time scale within which the data is required.^[32]
  

• ^[31] The use of a designation rather than a name will be appropriate only for designated persons in one of the security and intelligence agencies. Acquisition and Disclosure of Communications Data

• ^[32] The Data Communications Group (DCG) which comprises representatives of CSPs, UK law enforcement and other public authorities has adopted a grading scheme to indicate the appropriate timeliness of the response to requirements for disclosure of communications data. These are graded from immediate threat to life through to routine.

3.6 The application should record subsequently whether it was approved or not by a designated person, and by whom and when that decision was made. If approved, the application form should, to the extent necessary, be crossreferenced to any authorisation granted^[33] or notice given.

• ^[33] Cross-referencing will be unnecessary in circumstances where the grant of an authorisation is recorded in the same document as the relevant application.