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Investigatory Powers Commissioner’s Annual Report 2019
Example: Judicial Commissioners on inspection
Lord Bracadale joined the inspection of Police Scotland in 2019 and took charge of the
examination of all relevant authorisations and warrants relating to two major investigations
where a range of tactics had been used. This gave him a holistic view of the operation and
enabled him to assess whether the use of the various powers had been necessary and
proportionate. He was satisfied and was able to attend the final feedback session, together with
a fellow Judicial Commissioner, and deliver his personal findings to the senior officers of the
Force at the end of the inspection.
UK Intelligence Community (UKIC)
7.4
Inspections of UKIC are conducted throughout the year covering the range of powers we
oversee. A full description of our methodology was contained within our 2018 report. In
2019, we additionally conducted a number of responsive compliance inspections at MI5
(see chapter 8) and have introduced cross-cutting safeguards inspections, which have
enabled us to examine the implementation of key policies and practices across the range
of powers. For example, we have looked at how legal professional privilege (LPP) policies
are applied across an agency, as well as examining how well the relevant considerations are
articulated in individual applications.
7.5
Continual dialogue with the agencies is a key part of our oversight because of the
constantly developing nature of their work and change programmes in particular. During
inspections, we often receive briefings on future planning such as IT improvement
programmes; this gives us a valuable insight into the way each organisation is projecting
compliance considerations for the coming decade. We have taken steps to formalise this
process by introducing regular briefing days for our JCs and Inspectors, which we expect to
give us a watching brief over relevant changes within each organisation. We will respond to
these briefings by identifying areas for closer scrutiny at inspection and continue to apply a
flexible working model throughout the team.
Oversight of bulk powers
7.6
Our oversight of bulk powers has evolved over the past year (see para 10.27). This
reflected the European Court of Human Right’s judgment in the Big Brother Watch and
others v UK case, and the Intelligence and Security Committee’s (ISC) Privacy and Security
Report of March 2015. We reviewed our approach to inspecting bulk interception in 2019,
considering the technically complex ways in which bulk interception is implemented and
from 2020 our inspections will include a detailed examination of selectors and search
criteria. This will supplement the oversight we have in place in relation to bulk personal
datasets, bulk communications data and use of bulk warrants for interception, and
equipment interference, which are inspected routinely across UKIC.
7.7
The Government Communications Headquarters (GCHQ) is the leading authority for bulk
equipment interference. GCHQ transitioned its lawful authority for conducting equipment
interference from the Regulation of Investigatory Powers Act 2000 (RIPA) warrants to
warrants under the Investigatory Powers Act 2016 (IPA) during 2018. During 2019, we
conducted our first full inspections of equipment interference conducted under the IPA.
We conducted enhanced ex post facto oversight of the internal process used by GCHQ to
approve operations conducted under these bulk equipment interference warrants. We
selected cases in advance for scrutiny and where necessary, discussion with the teams