CHAPTER 15: RECOMMENDATIONS
(a)
Express provision should be made for error reporting, and for a procedure for
arriving at and keeping under review the definition of an error where interception
is concerned.
(b)
There should be a statutory requirement for ISIC to review the giving of notices
by the Secretary of State (currently under DRIPA 2014 s1) requiring the
retention of specific communications data by a CSP.
(c)
ISIC should have the power to report on refusals by service providers
(including overseas service providers, given the extraterritorial effect of the law)
to intercept communications or disclose communications data when a lawful
request is made of them.
(d)
There should be statutory provision for oversight of the operation of powers for
interception and/or obtaining communications data other than in the new law,
to the extent that such powers survive, including the power to access stored
data by order of the court under PACE s9.
93.
Though strictly outside the scope of this Review, it would also be appropriate to
review the existing powers of the OSC and of the ISCommr so as to identify any other
gaps that should be filled when constituting the ISIC.
94.
ISIC (like IOCCO before it) should have the capacity to inspect the work of analysts,
investigators, SPoCs and DPs on live cases as well as on cases that are closed.
95.
ISIC should have the power to report on, to issue guidance on and to participate in
the preparation of Codes of Practice for any activity which it has the power to inspect.
Intelligence oversight functions
96.
97.
ISIC should inherit the intelligence oversight functions of the ISCommr, including:
(a)
oversight of the Consolidated Guidance to Intelligence Officers and Service
Personnel; and
(b)
keeping under review the activities of the security and intelligence agencies or
others engaging in intelligence activity, as directed by the Prime Minister under
RIPA s59A.
Consideration could be given to granting ISIC a more general supervisory power over
the activities of the security and intelligence agencies, but subject to
Recommendations 118 and 119 (no duplication of functions and resources).
Powers relating to the IPT
98.
ISIC should be subject to the same obligation as the current Commissioners (RIPA
s68(2)) to provide assistance to the IPT, and should be kept informed of proceedings
relevant to its functions (as by RIPA s68(3)).
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