The 2012 Surveillance Commissioner Report

By Steve Morris

The Office of Surveillance Commissioners published its 2012 annual report (covering the period from 1^st April 2011 to 31^st March 2012) on 14^th July 2011. The report details statistics relating to the use of Part 2 of RIPA by public authorities and information about how OSC conducts its oversight role. It highlights some important issues such as:

• Collaborative Working – Departments, teams and various units within several authorities are pooling resources but then not obtaining authorisations and keeping records in relation to a proper designated authority (Sec 5.7)

• There is a lack of awareness of what constitutes a CHIS and there is a likelihood that public authorities might have unauthorised CHIS activity being undertaken (Sec 5.14)

• Authorising Officers are not making adequate provision for destruction of product that is collateral intrusion or of no value to the operation (Sec 5.16)

• Some ‘open source’ internet research is being conducted which may actually meet the criteria of Directed Surveillance and therefore require authorisation (Sec 5.17)

• Where there is an invasion of privacy and RIPA does not apply, due to all conditions not being met, then the OSC recommends use of the authorisation mechanism where Article 8 issues (privacy) should be considered (Sec 5.22)

• ACPO (Association of Chief Police Officers) is reviewing the authorisation forms and it will also report on form redesign (Sec 5.25)

Our RIPA Courses already address these issues. Future courses are also being revised to take account of other recently announced changes affecting local authorities:

• The Protection of Freedoms Act 2012 which received Royal Assent on 1^st May 2012. The RIPA provisions in this Act are yet to come into force but when they do they will require local authorities to have all their RIPA surveillance authorisations (i.e. Directed Surveillance, CHIS and the acquisition of Communications Data) approved by a Magistrate before they take effect (Read more here).

• From 1^st November 2012, local authorities will face severe restrictions upon the grounds for which they can authorise Directed Surveillance under the RIPA. The days of local authorities being able to use surveillance powers to tackle dog fouling and littering offences will soon be over (Read more here).

• The Communications Data Bill and the changes it will make to the communications data access regime (currently under Part 1 of Chapter 2 of RIPA)

Steve Morris is a former police officer who delivers our RIPA Courses as well as a course on Internet Investigations. 

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