Investigatory Powers Commissioner’s Annual Report 2019
Raising Concerns with IPCO
2.41
Section 237 of the Act established an information gateway which provided for disclosures
to the IPC or any JC. This provision provides an independent channel for individuals to raise
concerns about the activities of their organisation. Disclosures of information relating to
the use of investigatory powers can be made without the person breaching an obligation
of confidence or any other restriction on the disclosure of information (with the exception
of data protection legislation). Although it is important to note that IPCO does not perform
an ombudsman role (such a function is properly that of the Investigatory Powers Tribunal),
IPCO’s statutory information gateway enables both current and former staff of the public
authorities which we oversee to raise any serious concerns they have with us. Where
it is assessed that such concerns have merit, these will thoroughly be investigated and
appropriate action taken.
2.42
The process for making a disclosure to IPCO is as follows:
1. Initial contact
Individual wanting to make a disclosure contacts IPCO. The team will obtain further details and
inform the individual whether this falls within our remit as soon as reasonably practicable.
2. Collection of further details
On the basis of the information provided to IPCO, a decision may be taken that the matters
raised fall within the IPC’s statutory functions. A face-to-face meeting will usually be conducted
to enable a candid discussion regarding the concerns raised and to draw IPCO’s attention to any
relevant supporting paperwork.
3. Review of allegations
IPCO’s Legal and Inspectorate teams will provide a view on the allegations and advise whether
the matter merits further investigation.
4. Investigation
A formal investigation of the matters raised may then be carried out, which would normally
be during the course of a routine inspection unless earlier action is required (e.g. due to
the seriousness).
5. Recommendations to the Investigatory Powers Commissioner
The responsible Inspector will submit a report to the IPC which may recommend further action.
2.43
In 2019, three disclosures were made raising concerns with IPCO, all in relation to law
enforcement agencies. In two of these cases, it was found that there was sufficient concern
for IPCO to investigate further. Following investigation, however, it was decided no further
action was necessary as the allegations could not be substantiated. The third case is still
under investigation.
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