Investigatory Powers Commissioner ’s Annual Report 2019
11. Ministry of Defence
Overview
11.1
We conduct oversight of the Ministry of Defence’s (MOD) use of the Regulation of
Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA) in the
UK, and non-statutory oversight of the MOD’s agent running and surveillance activities
overseas. We did not conduct a non-statutory inspection of overseas activity in 2019 but
will do so in February 2020.
Findings
11.2
The MOD continues to make limited use of investigatory powers in the UK. Based on our
examination of their records and discussions with applicants, Authorising Officers (AOs),
policy and legal advisors, we are satisfied that the MOD takes great care when using
investigatory powers and continues to demonstrate a high level of compliance. We continue
to see high quality advice from policy and legal advisors.
Covert human intelligence sources (CHIS)
11.3
The MOD did not conduct any CHIS activity in the UK during the period under review.
We will examine the overseas use of CHIS during our next inspection in February 2020.
In general, it is worth noting that the CHIS casework at the MOD is typically of a high
standard.
Juvenile CHIS
11.4
We are satisfied that the MOD has policies in place regarding the recruitment and running
of juvenile CHIS.
Surveillance
11.5
The MOD undertakes some directed surveillance activity in the UK. Authorisations were
thorough with applicants setting out the necessity and proportionality cases in detail.
Applicants and AOs demonstrated careful consideration of the potential for intrusion and
surveillance operations were planned and run in such a way as to keep collateral intrusion
to a minimum. We made two recommendations to address minor procedural issues. We
consider that the MOD takes a very cautious approach when deciding whether to seek RIPA
authorisations to cover the development and testing of new surveillance capabilities.
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