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Investigatory Powers Commissioner’s Annual Report 2019
4.6
Last year, IPCO received a letter from Privacy International, an organisation which seeks to
protect the right to privacy for all, regarding the use of social media intelligence by local
authorities. In our response we outlined our approach to the oversight of local authorities,
specifically how we encourage the development of policies and training of staff in this
area. This correspondence has continued into 2020. The IPC would also like to expand his
discussions with organisations like Privacy International to include the issues arising from
OCDA’s work, as he feels this would valuably inform the public debate about data and
privacy. This is an area where we hoped to expand our engagement in 2020, but this has
been impacted by the challenges posed by the COVID-19 pandemic.
4.7
In addition to the NGOs, we have had regular meetings with UK independent bodies
including the Information Commissioner’s Office (ICO) and the National Anti-Fraud
Network (NAFN). Our Inspectors have explored options to collaborate with the ICO where
responsibilities overlap. The two organisations published a joint letter on dual reporting, to
prevent the duplication of work by public authorities and we are in ongoing discussions for
the potential implementation of some joint inspections. With regards to NAFN, one of our
Judicial Commissioners gave a talk on oversight at their annual conference and a number
of Inspectors provided training and advice to NAFN’s National Training and Best Practice
working group.
4.8
In 2019, our Inspectors contributed to several national working groups (WG) to help inform
security policy and procedures. These include the Home Office Covert Human Intelligence
Source (CHIS) WG; the National Source WG;11 the National Central Authorities Bureau (CAB)
forum;12 and the Internet Intelligence & Investigations group.13 Inspectors also liaised with
the National Human Intelligence (HUMINT) Unit14 on Counter Terrorism policing policies
and procedures. To help implement good practice in the use of investigatory powers by law
enforcement agencies, we also offered input on training courses at the College of Policing
and to larger public authorities such as the Metropolitan Police Service (MPS) and Greater
Manchester Police (GMP). Judicial Commissioners Sir John Saunders and Lord Hughes were
accompanied by several of our Inspectors to give a presentation and answer questions on
our work at the 2019 National Undercover Conference.
4.9
We were also pleased to be invited to participate in a piece of research titled “Guardint;
Oversight and Intelligence Networks: Who Guards the Guardians?” which is due to be
published in 2020. Guardint is a collaborative project between King’s College London and
academics in France and Germany.15 Guardint aims to understand the role of oversight
of intelligence agencies in democratic regimes, in the context of the expansion of
transnational intelligence networks, and digital data collection and sharing. As part of this
research project, three representatives from IPCO were interviewed on the work, set up
and responsibilities of the organisation. We also provided information on the role of the
Technology Advisory Panel, which gave an additional perspective on the oversight in place
under the IPA.
11 The NSWG is a National Police Chief Council (NPCC) group dealing with CHIS matters with representatives
from all main LEAs, a regional representative, MI5, MOD etc.
12 The NCAB is a similar NPCC forum with regional representatives for police forces and other agencies. The
CAB (Covert Authorities Bureau) are the central units in an organisation that quality assure, oversee all RIPA
issues and liaise with IPCO Inspectors. This group discusses emerging issues, IPCO inspection findings and
guidance to ensure consistency amongst its members.
13 The Internet, Intelligence and Investigations Group is an NPCC group examining the development of online
investigations (not including UC) to identify best practice, agree national policy, guidance and training.
14 The National HUMINT Unit is part of the CT Policing National Operations Centre. It co-ordinates and
improves the HUMINT capability of counter terrorism policing and liaison and compatibility with MI5.
15 Guardint (2019), https://guardint.org/