IPCO Annual Report 2018
17.19
A strong culture of error reporting and subsequent management of errors runs through
UKIC but, during the implementation of the IPA when agencies were focusing on numerous
new compliance requirements, the delay in submitting reports did increase. Agencies
did, during this reporting period, increase resources to their compliance teams, but
often investigating the cause of a CD related error can be time consuming and complex.
The reasons for these delays were clear and, when IPCO was notified, it was apparent
that a thorough investigation had been conducted with, when necessary, action taken to
prevent duplication.
17.20
No UKIC error reports were judged by the IPC to be serious.
Recordable Errors
Reportable Errors
Serious Errors
0
0
None
GCHQ
11
9
None
MI5
47
37
None
SIS
Table 2: UKIC communications error statistics, 2018
Interception
17.21
13 Interception errors were reported to us in 2018 by intercepting authorities other than
UKIC. There were no errors reported by the WGDs. None of these errors were judged to be
serious errors.
17.22
In 2018, 99 errors relating to surveillance, property interference and CHIS were reported by
organisations other than UKIC. Errors in this area include failures to obtain the appropriate
authorisation or failure to adhere to the relevant safeguards set out in the relevant CoP.
This number is a slight increase from the 83 ‘breaches’36 reported in 2017.
Surveillance, Property Interference and Covert Human Intelligence Sources (CHIS):
Law enforcement, public and local authorities, and prisons
Investigatory Power
Number of Errors
Directed Surveillance
59
Property Interference
23
Intrusive Surveillance
3
CHIS (including undercover officers)
14
Table 3: Total surveillance, property interference and CHIS errors for LEAs, public
and local authorities and prisons, 2018
17.23
We are satisfied that the number of errors is proportionately minimal. We have not noted
any systematic failures to apply safeguards in any particular authority. The 59 directed
surveillance errors vary significantly in seriousness but are most frequently the result of a
simple human mistake. As reported in previous Annual Reports, examples include starting
the surveillance before the authorisation has comes into effect or continuing the activity
36 There was no formal definition of an error provided by the Office of the Surveillance Commissioner (OSC) as the term was only
defined with the advent of the IPA 2016. The terms ‘error’ and ‘breach’ were used interchangeably and section 79 of the OSC
Procedures and Guidance 2016 outlined the circumstances when the then Chief Surveillance Commissioner expected to be notified
of a breach and the procedures to be followed. We do not believe that the terms set out in the Code of Practice will have affected
the working practice in relation to error reporting.
109