IPCO Annual Report 2018
9. Ministry of Defence
Overview
9.1
We conduct oversight of the Ministry of Defence’s (MOD) use of the Regulation of
Investigatory Powers Act 2000 (RIPA) and Investigatory Powers Act 2016 (IPA) powers
in the UK, and non-statutory oversight of the MOD’s agent running and surveillance
activities overseas.
Findings
9.2
In line with previous years, the MOD continues to make limited use of investigatory powers
in the UK, with good consideration of the level of intrusion conducted and thorough
internal documentation of planned activities on the small number of occasions when
they do. We were satisfied that the records examined, supplemented by interviews with
officers responsible for the application, authorisation and management of covert activity,
demonstrated a high standard of compliance with RIPA and the Surveillance and Covert
Human Intelligence Sources (CHIS) Codes of Practice for activities both within the UK
and overseas.
Covert Human Intelligence Sources (CHIS)
9.3
In our 2017 report, we noted that the MOD had started using online CHIS and had
introduced guidance for officers involved in this activity. We inspected one online case
this year in particular and the MOD’s casework demonstrated a clear record of activity and
mechanisms for internal oversight.
9.4
We inspected the internal review mechanisms for agent running activity in place at the
MOD and were pleased to note a regular, centralised process was in place. This is used
by the MOD to oversee the ongoing necessity of their use of covert powers in relation to
a range of missions. Our inspection noted good consideration of the proportionality of
conducting each action authorised and of the likely collateral intrusion.
Surveillance
9.5
Authorisations for directed surveillance were supported by comprehensive intelligence
cases and the covert activity to be undertaken was clearly and unambiguously described by
the Authorising Officers. Of particular note was the quality of assessment and supporting
observations provided to authorising officers by the legal and policy advisors. The MOD
consider it important to engrain in their personnel the discipline of recording RIPA
considerations for all surveillance activity and a strong culture of compliance was evident
throughout the inspection.
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