8. COMPARISONS
8.1.
This Chapter offers some wider points of reference, to assist in evaluating the
acceptability of intrusions into privacy and the manner in which they are authorised
and reviewed.
8.2.
The three comparisons I have chosen are:
8.3.
(a)
the use by public authorities of other forms of surveillance: in particular,
intrusive and directed surveillance and the use of CHIS;
(b)
international comparisons for the regulation of investigatory powers; and
(c)
the use of content and communications data by private companies, in
particular service providers.
None of these comparisons is exact, and there is insufficient space to develop any of
them comprehensively here. But each of them provides a measure of perspective
and can operate as a sense check when assessing the adequacy of the current law
on investigatory powers, and when contemplating alternatives to it. This Chapter
provides some basic information about each subject, and suggests some ways in
which the comparisons may be instructive.
Other forms of surveillance
8.4.
The main covert intrusive techniques used by the UK police and security and
intelligence agencies, other than interception of communications and the examination
of communications data, are directed and intrusive surveillance, property interference
and use of CHIS.
8.5.
Statistics on the use of the different intrusive techniques by law enforcement agencies
are published by the OSC and are set out below.
8.6.
The Intelligence Service Commissioner does not publish a breakdown for the use of
such techniques by the Agencies and MoD. He gives the total of such warrants and
authorisations – 1887 in 2013 – but said in his latest report that it was his view that
disclosing details beyond this could be detrimental to national security.1
8.7.
Opinions differ as to the relative intrusiveness of these powers: for example, we were
told by the LGA that the OSC and IOCCO take different views concerning which
powers should be used only as a last resort.
Directed Surveillance
8.8.
1
Directed surveillance is observing someone covertly in a public place to gain private
information about them in order to support an investigation. It is a power widely
available to public authorities (comparable to those with access to communications
data), is governed by RIPA Part II and RIP(S)A and is authorised within the public
Report of the ISCommr for 2013, p. 35.
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