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IPCO Annual Report 2017
5. Property Interference
(including equipment
interference)
Description of powers and use
5.1
Property interference is any action which interferes with private property. This includes
trespass onto private land to carry out surveillance by, for example, taking photographs;
covert entry into vehicles or buildings to conduct searches or deploy surveillance equipment;
or obtaining information covertly from telephone or computer equipment (often referred to
as hacking).
5.2
Property interference is an investigatory power available to the intelligence agencies, the
police, the services police,26 HM Revenue and Customs (HMRC), National Crime Agency
(NCA), Competition and Markets Authority (CMA),27 Independent Office for Police Conduct
(IOPC), Police Investigations and Review Commissioner, or Home Office.28
Intelligence agencies
5.3
The intelligence agencies can carry out property interference in the UK under s.5 Intelligence
Services Act 1994 (ISA) warrants. SIS and GCHQ use s.7 ISA warrants to authorise property
interference on equipment based outside the British Islands. These warrants authorise
MI5, SIS or GCHQ to access, enter into, and interfere with property, including electronic
equipment. These warrants can also authorise interference with wireless telegraphy. Any
action must be necessary for the purposes of assisting the agency concerned in carrying
out its functions.
5.4
Under s.42(2) of RIPA, a single warrant or authorisation can combine intrusive surveillance
warrant and a property interference activity. This might cover, for example, entering a
vehicle to install an audio monitoring device, and monitoring that audio device. At present,
property interference undertaken by an intelligence agency under s.5 ISA is not subject to
commissioner approval. The Investigatory Powers Act 2016 introduces the double lock only
where the interference includes equipment interference (see below).
Law enforcement and others
5.5
In the UK, law enforcement agencies such as the police, NCA and HMRC use powers under
Part III of the Police Act 1997 to enter, or interfere with, property and to interfere with
wireless telegraphy when it is necessary for the statutory purpose of preventing or detecting
serious crime. The larger metropolitan police forces and law enforcement agencies use these
powers extensively, in contrast to the CMA.
26 The Royal Navy Police, Royal Military Police and Royal Air Force Police.
27 The power is only available to the CMA for the purpose of preventing or detecting an offence under section 188 of the Enterprise Act
2002 (the cartel offence).
28 For departments exercising functions relating to immigration matters, and officers designated as customs officials.