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Investigatory Powers Commissioner’s Annual Report 2019
selectors or subjects). It is important for IPCO to scrutinise decisions to modify after these
are made, as well as at renewal, as a modification allows the authorities to intercept
communications from both devices and subjects of interest who have not been addressed
explicitly in the original warrant application. It is essential that the internal process is
rigorous in considering and documenting the necessity and proportionality of intercepting
additional communications methods, as well as persuasively setting out why it was not
appropriate for the authority to seek separate warrants for each specific interception. To
reflect this, our inspection methodology has focused on reviewing a higher proportion of
modification documents and interviewing applicants.
Wider Public authorities
7.14
We inspect other public authorities, also referred to as ‘wider public authorities’ (WPAs),
annually or bi-annually depending on the range of powers available, level of usage and
compliance standards we have previously identified. A full list of these authorities is given
at Annex A. In 2019, we inspected 26 WPAs.
Local authorities
7.15
Local authorities (councils) are inspected every three years, either by undertaking a
physical visit which follows a similar format to other public authorities, or via a desktop
assessment.19 Physical and desktop inspections may be undertaken on an alternate basis,
so each council is visited at least once every six years. We also annually inspect local
authorities via the National Anti-Fraud Network (NAFN), which processes all CD requests for
local authorities.
7.16
Councils are typically low-volume users of their covert powers and so our inspections also
investigate whether these powers are being used inadvertently by well-meaning but poorly
trained or unaware staff members. To prevent this, we expect all councils to deliver training
to key personnel at least once every three years and to have in place guidance that enables
everyone to understand what investigative activity requires authorisations.
7.17
In 2019, we conducted 96 inspections of local authorities. Of those, we visited
50 and conducted 46 inspections remotely. We did not conduct any additional
follow-up inspections.
Prisons
7.18
In our 2018 report, we noted that we were aiming to improve our inspections regime for
prisons. We have worked closely with Her Majesty’s Prison and Probation Service (HMPPS)
and the Scottish Prisons Service (SPS) throughout the year to bring this to fruition. Details
of our oversight and findings are detailed in chapter 15. Our oversight has now expanded
and the first annual inspection of all 15 Scottish prisons was conducted between October
2019 and February 2020. During 2019 we inspected 114 prisons in England and Wales, 8 in
Scotland, and 3 in Northern Ireland.
19 A desktop inspection is a paper-based review of policies, training materials and authorisation
documentation, coupled with discussions by telephone or visual media with key officers of the
public authority.