Abstract

This chapter talks about obtaining communications data, which is not, strictly speaking, a covert investigation and does not involve the active monitoring of a suspect's self-incriminating conduct as it happens. It details how communications data establishes the fact that a communication has taken place but does not reveal the content or meaning of the communication. It also highlights communications data analysis which exposes patterns of communications and networks of associations and provides enhanced corroborated and inferential information about the investigation subject and third parties with whom the investigation subject has communicated. The chapter looks at the potential for significant intrusion against the privacy of both investigation subjects and third parties from communications data analysis which necessitates an authorization regime for obtaining communications data. It describes the authorization regime for obtaining communications data, which is set out in the same legislation that governs the authorization and undertaking of interception of communications.