ACCESS TO TELEPHONE DATA VITAL FOR HEALTH AND SAFETY INVESTIGATIONS

HSC press release: C046:03 - 12 September 2003

The Home Office has yesterday laid an Order which will renew Health and Safety Executive (HSE) powers to obtain limited information on telephone subscriber names and addresses and telephone usage as part of their investigations. The Health and Safety Commission (HSC) supports the Home Office proposals.

HSC made its views known in response to the Home Office's recent public consultation paper Access to Communications Data - privacy and protecting the public from crime. The Home Office proposes renewed powers for HSE and some other authorities, to be introduced under the Regulation of Investigatory Powers Act 2000 (RIPA).

The main thrust of the proposals is to bring HSE's and others' access to communications data within a single, transparent, human rights compliant statutory regime, with strict independent regulation by the Interception of Communications Commissioner. This will ensure a proper balance between respect for privacy and people's right to life.

Each year there are a few cases where inspectors need use their current powers under Health and Safety at Work etc Act 1974 (HSWA) to trace an unregistered gas fitter who has covered his tracks by leaving only a first name and mobile phone number.

Without powers to obtain full name and address from the telephone company, inspectors may not be able to track down fitters doing dangerous work. There will be cases where householders or tenants are left at risk of carbon monoxide poisoning or explosion if the culprits are not stopped from further dangerous work.

Inspectors may also need to access communications data to establish whether mobile phone use was a factor in the causes of some potentially serious railway incidents.

In order to respect people's right to privacy HSE inspectors seek to access communications data only:

• when it is necessary to safeguard health or safety; and
• only when it is a proportionate response to the risks, or to the seriousness of a possible offence. Timothy Walker, HSE Director General, said:

"The Order proposes tight regulation of HSE's powers to access communications data to ensure human rights continue to be respected. I welcome this. In a few cases each year communications data are vital to reducing risks from work and ensuring people are protected. Inspectors are professionals - I am confident they will satisfy the new Interception Commissioner that the right to privacy is respected and balanced against the need to safeguard people from work-related injury, ill-health or death.

Bill Callaghan HSC Chair said:

"I welcome the Order to give HSE renewed powers under tight regulation. HSC believes that without these powers there will be cases each year where rogue gas fitters cannot be traced and stopped from putting people in danger. It will also not be possible to fully investigate some serious railway incidents."

Notes for editors:

1. Subject to approval by Parliament, the Order will renew HSE powers, under the Regulation of Investigatory Powers Act (RIPA). The effect would be to bring HSE use of powers to access communications data within a single, transparent, human rights compliant statutory regime, under strict independent scrutiny by the Interception of Communications

2. Commissioner. HSE would have to show that it used the powers in accordance with a special RIPA code on accessing communications data. Under the proposals, only Principal Inspectors would be able to authorise requests to telephone service providers.

3. A recent Home Office consultation paper set out the case for certain authorities to be able to access communications data in order to carry out their statutory functions. The consultation paper can be viewed at http://www.homeoffice.gov.uk/. The case for renewed HSE powers is at paragraphs 26 to 30 of Chapter Two (pp. 15-16). The HSC response to the consultation can be viewed online at http://www.hse.gov.uk/consult/2003.htm .

4. HSE inspectors use existing powers under the Health and Safety at Work etc Act 1974 (HSWA) to help ensure that employers and others safeguard the health and safety of workers and members of the public affected by their activities. HSE inspectors use current HSWA powers in perhaps 50 - 100 cases each year to obtain information about a telephone subscriber or telephone use. Typically this is limited to name and full address, or sometimes when a call took place and for how long. HSE does not need and never seeks to know the content of calls.

5. HSE already has certain special powers under RIPA - to carry out 'directed surveillance'. This can involve an HSE inspector watching someone to establish whether they are responsible for premises, to identify who is responsible for creating risks, or sometimes for illegal employment of children in factories.

6. HSE uses 'directed surveillance' rarely, carefully balancing respect for a possible suspect's privacy with the right to life of others who may be affected. HSE's surveillance authorisations are already subject to strict independent regulation, by the Office of Surveillance Commissioners (OSC). OSC has inspected HSE twice. HSE's rigorous procedures for directed surveillance and its decisions to use them have been found to comply with the requirements of RIPA and the relevant code.

7. Carbon Monoxide (CO) from gas appliances kills on average 30 people a year (a further 40 are killed from CO related incidents involving other fossil fuels). In many cases this is caused by CO escaping from poorly installed or maintained gas appliances such as fires, central heating boilers, water heaters and their associated flues.

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