IPCO Annual Report 2017
4. Surveillance
Description of power and its use
4.1
Directed surveillance occurs when there is covert surveillance of an individual in order to
obtain private information about them in support of a particular operation or investigation.
It applies when the surveillance is not an immediate response to events or circumstances
the nature of which means it would not be reasonably practicable for an authorisation under
Part II of the 2000 Act (or its RIP(S)A equivalent) to be sought.
4.2
This is an investigatory technique that is available to many public authorities for a variety
of statutory purposes, including the protection of national security and public safety, or to
prevent and detect crime or to prevent disorder. The technique is frequently used by the law
enforcement agencies, the intelligence agencies and local authorities, as well as regulators
such as the Financial Conduct Authority.
4.3
There will be a likely instance of directed surveillance if a member of a public authority
follows someone on foot or in a vehicle, sets up at a location to record their movements
or covertly monitors an individual’s social media activity. It is of note that the use of online
surveillance is increasing. LEAs often use directed surveillance to identify criminal suspects
and it is sometimes a stepping stone to more invasive tactics in serious criminal investigations.
Examples of the circumstances when local authorities use directed surveillance include
identifying those responsible for environmentally damaging fly-tipping or selling alcohol
or tobacco to minors.
4.4
Directed surveillance is to be distinguished from intrusive surveillance. Intrusive
surveillance is covert surveillance of any residential premises or private vehicle which is,
self-evidently, likely to be notably invasive. Intrusive surveillance can be used for a limited
range of purposes. These are principally the interests of national security, the prevention
or detection serious crime or the interests of the economic well-being of the UK. Intrusive
surveillance is available to only a limited number of public authorities: the intelligence
agencies, the police, the MoD, HM Forces, HMRC, NCA, Competition and Markets Authority
(CMA), Independent Office for Police Conduct (IOPC), Home Office15 and the Ministry of
Justice and Northern Ireland Office.16
4.5
Any surveillance conducted outside the British Islands by the intelligence agencies is not
authorised under RIPA unless it is likely that intelligence gained from the surveillance will
be used as evidence in a UK court.
15 For departments exercising functions relating to immigration matters and with officers designated as customs officials.
16 The Ministry of Justice and Northern Ireland Office are designated by order to enable intrusive surveillance to be carried out in prisons..
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