CHAPTER 15: RECOMMENDATIONS
88.
ISIC should be resourced so as to enable it to provide a prompt, efficient and reliable
warrantry service in all jurisdictions of the UK.
Audit and inspection
89.
The existing audit and inspection functions of the current Commissioners should be
transferred to the ISIC, including:
(a)
all those set out in RIPA Parts I-III, RIP(S)A and the Police Act 1997, to the
extent that they are consistent with the arrangements in the new law;
(b)
the audit of the use by security and intelligence agencies of their holdings of
bulk personal datasets (cf. ISC Report, Recommendations X and Y); and
(c)
the recently granted power to oversee the operation of directions under TA
1984 s94 (IOCCO Report, March 2015, section 10), to the extent that such
power may survive the introduction of the new law.
90.
ISIC should have the power to review compliance with the terms of any warrant,
authorisation or guidance that may have been issued by the Judicial Commissioners.
Where error is found, an Inspector should be able to recommend that the warrant in
question be reviewed by a Judicial Commissioner with a view to its possible
modification or cancellation.
91.
In addition, ISIC should have the power to inspect:
92.
(a)
The exercise by DPs of all the functions summarised in Recommendations 59
and 60 above;
(b)
The treatment by public authorities of privileged and confidential material;
(c)
The retention, storage, processing and destruction of all communications data
acquired by public authorities (not just, as currently for IOCCO,
communications data only when it is related to intercepted material);
(d)
The use of such data, including in combination with other datasets (cf. ISC
Report, Recommendation Y);
(e)
The use by public authorities of open-source intelligence (OSINT);
(f)
The sharing of intercepted material and communications data within the UK
Government;
(g)
The receipt of intercepted material and communications data from, and the
transfer of such material and data to, foreign governments (Recommendations
76-78 above).
Additional gaps in the arrangements relating to IOCCO’s current activities (explained
in IOCCO’s submission of December 2014 to this Review) should be filled when ISIC
is constituted. In particular:
301