Investigatory Powers Commissioner ’s Annual Report 2019
8. MI5
Overview
8.1
This chapter, and those that follow, summarise the key findings from inspections which
were conducted in 2019 by the Investigatory Powers Commissioner’s Office (IPCO). The
methodology for our inspections is summarised at chapter 7 above.
8.2
We conducted regular inspections of MI5 throughout 2019, including four extraordinary
inspections in response to compliance risks identified in February. A substantial proportion
of MI5’s use of investigatory powers is conducted using powers that are subject to the
double lock. This gives us oversight of the range of live operations as well as post facto
oversight through our inspections. During our inspections, we have interviewed operational
staff, legal and policy representatives and senior management at MI5 to give us insight into
their policies, practices and culture of compliance.
Findings
8.3
In general, we found a good level of compliance across all powers, noting that the casework
we saw was completed to a high standard and staff demonstrated a commitment to
applying powers in a measured and lawful way. As in previous years, we have seen MI5
working to review and improve internal policies and processes across their business and
we are pleased to be sighted on future planning and strategies. It is worth noting that we
have been involved in discussions and planning in relation to the recommendations made
by Sir Martin Donnelly’s Compliance Improvement Review. We expect this work to result in
refreshed processes and structures within the organisation which will enhance compliance
and operational agility.
8.4
The compliance improvement programme (see paragraphs 8.56 – 8.58) impacted upon our
oversight at MI5 throughout 2019, not least because of the substantial resources placed
on this work by MI5. We were pleased by the clear and consistent insight MI5 provided
into this programme and believe that this will have a significant positive impact on MI5’s
compliance culture for the coming decade.
Covert human intelligence sources (CHIS)
8.5
MI5 authorise all their CHIS operations in the UK, and the majority of those conducted
overseas, under the Regulation of Investigatory Powers Act 2000 (RIPA). Some overseas
operations do not require RIPA authorisation but are nevertheless subject to detailed
operational assessments. We review this documentation as part of our CHIS inspections.
8.6
Overall, we have concluded that MI5 continue to manage CHIS activity in a highly
professional manner and are mindful of the ethical implications of this work. We found
the quality of consideration by handlers (those actually meeting and tasking the CHIS),
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