Request
Your request was about the following information:
1. Since 1 January 2018, on how many occasions has Food Standards Scotland obtained the 'communications data' (e.g. Call Data Records, or CDRs) of individuals from mobile telecoms providers, either directly or indirectly through another agency (e.g. Met Police, Home Office, etc.)? Please break this down into:
1a. number of separate occasions these were requested
1b. number of individual phone numbers for which CDRs were requested
1c. the legal basis for the requests (please specify the number of requests per legal basis. For example, “total requests: 3, Investigatory Powers Act – 2, Consumer Protection from Unfair Trading Regulations 2008 -- 1”)
1d. the particular legislation used e.g. PACE, RIPA, IP Act (number of instances as a percentage of the total)
1e. what percentage of requests for that data that were rejected, and the reasons for the rejection.
For guidance, CDRs are part of 'communications data' from a telecoms company. Please see this document, particularly page 13 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/fi le/426248/Acquisition_and_Disclosure_of_Communications_Data_Code_of_Practice_March_2 015.pdf
2. Since 1 January 2018, has the Food Standards Scotland purchased or otherwise received (including free of charge) any anonymised mobile phone communications data sets (otherwise known as anonymised CDRs), be they of individuals or aggregate data. (For your information, an example of commercial 'big data' for mobile phones can be found here: https://thenextweb.com/uk/2012/10/09/telefonica-launches-big-data-analysis-service-forbusiness-and-local-authorities/)
2a. If yes, please state on how many occasions and when
2b. From which telecoms providers the communications data originated
2c. If purchased via a third-party, please specify which company
2d. The intended use of that data
2e. The total amount spent, if anything
2f. If not purchased but nonetheless shared, please state the name of the body that provided the data
Response
1. In FSS we did not have the powers to request communications data prior to the introduction in March 2019, of the Investigatory Powers Act 2016 (IPA). Consequently, the Communication Data (CD) records held by FSS commences after March 2019.
1a. Number of separate occasions these were requested: 6
1b. Number of individual phone numbers for which CDRs were requested: 1
1c. In all cases, the legal basis was the Investigatory Powers Act 2016
1d. Number of instances as a percentage of the total the particular legislation used e.g. PACE, RIPA, IP Act: 100%
1e. Percentage of requests for that data that were rejected, and the reasons for the rejection: 0
2. In FSS we have not obtained any data sets under these circumstances
