Question to the Home Office:
To ask the Secretary of State for the Home Department, what the legal basis is for the sharing of intelligence from Uber to police forces without the prior granting of a warrant.
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 police forces have the information they need to detect and prevent crime and keep the public safe.The legal routes available to police forces will depend on the specific circumstances and the types of data sought.
Under Common Law, the police have the power to obtain and store information for policing purposes for the prevention and detection of crime. Schedule 1 of the Police and Criminal Evidence Act (1984) allows police to access data held in confidence by a third party, provided the data is relevant evidence of an indictable offence and it is authorised by a circuit Judge.
The Investigatory Powers Act 2016 (IPA) sets out the circumstances in which Public Authorities can acquire certain types of data and the safeguards that apply. The IPA is overseen by the independent Investigatory Powers Commissioner.
The Investigatory Powers Commissioner’s Office collects a wide range of statistics on the use of investigatory powers. Section 234 of the IPA requires the publication of key statistics, including the number of warrants and authorisations issued, given, considered and approved during the year.
The Home Office do not keep information on the number of requests made to individual companies or data sharing agreements. The Police forces themselves, who are operationally independent, would hold this data.
16 Published for Home Office staff on
Found: targeted and bulk equipment interference
warrants: intelligence services
14 Law enforcement agencies
Found: equipment interference warrants: security and intelligence
Law enforcement agencies
4. Covert Human Intelligence Sources (Criminal Conduct) Bill: Briefing for Lords Stages
22/10/2020 - Bill Documents
Found: emailed to
. Covert Human Intelligence Sources (Criminal Conduct)
Found: information (COI)
and analysis of COI for use by
Home Office decision makers handling particular types
1. Data Protection Bill [Lords] (Fourth sitting)
15/03/2018 - Public Bill Committees
1: or in pursuit of various regulatory functions, without external approval, surely it is difficult to take - Speech Link
2: judicial commissioners as permitting, for example, warrant to be granted. Having sat through the Joint Committee - Speech Link
3: conclusive evidence of that fact, for example in any legal proceedings. That is the point about the certificates—they - Speech Link
2. Covert Human Intelligence Sources (Criminal Conduct) Bill
15/10/2020 - Commons Chamber
1: subsection (1) may not take place until a warrant has been issued by a judge.(1B) An application to a judge - Speech Link
2: and be accompanied by an affidavit of the person granting the criminal conduct authorisation which sets - Speech Link
3: person who is identified in the application for the warrant, the date on which each such application was made - Speech Link
3. Covert Human Intelligence Sources (Criminal Conduct) Bill
01/12/2020 - Lords Chamber
1: provision allowing the circumvention of the existing legal protection of journalists’ sources is also dangerous - Speech Link
2: commissioner as the proper overseer and sets out the legal test that must be met to grant an authorisation - Speech Link
3: ensure that criminal conduct authorisations receive prior approval from a judicial commissioner. In the debate - Speech Link
4. Covert Human Intelligence Sources (Criminal Conduct) Bill
24/11/2020 - Lords Chamber
1: applies to“the conduct and use of covert human intelligence sources.”Is there a concern that there is a - Speech Link
2: Bill does not seek to enable the retrospective granting of a criminal conduct authorisation”.— [Official - Speech Link
3: what the Bill proposes here in its original form, without these amendments, does not provide the necessary - Speech Link
5. Covert Human Intelligence Sources (Criminal Conduct) Bill
11/11/2020 - Lords Chamber
1: piece of legislation; it will ensure that our intelligence agencies, law enforcement bodies and those public - Speech Link