CHAPTER 8: COMPARISONS – OTHER FORMS OF SURVEILLANCE
authority.2 It is available for a broad range of purposes, reflecting the range of public
authorities that are able to use the technique.
8.9.
Directed surveillance, though covert like intrusive surveillance, differs from it in that it
operates in a public place. It is also triggered by suspicion, and (as the name
suggests) is practised in support of a specific investigation or operation.
8.10.
In 2013-14, directed surveillance was authorised 14,076 times by law-enforcement
bodies and other public authorities.3 The Chief Surveillance Commissioner has noted
a sharp decrease in the use of the technique by local authorities following the
introduction of the requirement to obtain magistrates’ approval. He did not necessarily
attribute this to overuse in the past.4
Intrusive surveillance
8.11.
Intrusive surveillance is covert surveillance carried out within a building or private
vehicle. It is classically performed by attaching or embedding a device to record the
activities of the individual or individuals under surveillance. It involves a high degree
of interference with the right to respect for private life. Indeed, it might be
characterised as more intrusive than interception of communications, on the basis that
individuals have a greater expectation of privacy within their home than when using
electronic communications such as mobile phones or email.5
8.12.
Intrusive surveillance is available to similar bodies and for similar purposes to lawful
interception. It is governed by RIPA Part II and RIP(S)A ss5-20. The Secretary of
State has the power to authorise the intelligence services, an official of the MoD or a
member of the armed forces to carry out intrusive surveillance.6 The NCA, HMRC,
police and Competition and Markets Authority [CMA] may be authorised to conduct
intrusive surveillance by a Chief Constable or senior authorising officer.7 A similar
framework operates in Scotland, where police forces may be authorised to conduct
intrusive surveillance by the Chief Constable of that force.8 Except in urgent cases, a
police, HRMC, NCA or CMA authorisation does not take effect until approved by a
Surveillance Commissioner.9 That Commissioner must have held judicial office.10
The precedent of Commissioner authorisation for a highly intrusive power is one which
I consider in the context of my recommendations in Chapter 15, below.
8.13.
The police and other criminal investigatory bodies were authorised to carry out
intrusive surveillance on 392 occasions in 2013-14.11
2
3
4
5
6
7
8
9
10
11
See RIPA ss28 and 30; RIP(S)A ss6 and 8.
OSC Annual report of the Chief Surveillance Commissioner to the Prime Minister and the Scottish
Ministers 2013-14, paras 4.8-4.9.
Ibid, para 5.18.
Charles Farr Statement, para 29.
RIPA s41.
RIPA s32(6). A designated deputy may also grant an authorisation, s34(6).
RIP(S)A s10.
RIPA ss35(1) and 36(1); RIPA(S)A s3. An exception is made for cases that are urgent.
RIPA s63(2).
OSC, Annual report of the Chief Surveillance Commissioner to the Prime Minister and the Scottish
Ministers 2013-14, para 4.6.
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