Report of the Independent Surveillance Review
xv
Recommendations
Legislation
Recommendation 1: We support the view – as described in both the Intelligence
and Security Committee of Parliament (ISC) and Anderson reports – that the current
surveillance powers are needed but that they require a new legislative framework and
oversight regime. We do not believe that the ISC’s recommendation of consolidating all
current laws relating to the intelligence agencies in a single legal framework is required
to achieve substantial reform, nor do we think there should be separate legislation for
the police and for the security and intelligence agencies. We agree with David Anderson’s
suggestion that RIPA 2000 Part I, DRIPA 2014 and Part 3 of the CTSA 2015 should be
replaced by a comprehensive new law.
Recommendation 2: The new legislation should be clearly articulated while also
recognising the complexity of the issues. Codes of Practice, published in statute, should
be written in plain and accessible language and include details of implementation and
technical application of the legislation.
Recommendation 3: Following evidence received by the ISR Panel and further discussion
with civil-liberties groups and communications service providers (CSPs), we recommend
that definitions of content data and of communications data1 should be reviewed as part
of the drafting of new legislation. They should be clearly delineated in law.
Police, Law Enforcement and Local Authorities
Recommendation 4: While the number of public authorities with the power to obtain
communications data has recently been reduced, we believe (i) that there should be a
periodic review of which public bodies have the authorisation to use intrusive powers
(such as directed surveillance and interception of communications) and (ii) that all
relevant applications from authorised public bodies to obtain communications data
must be made via the National Anti-Fraud Network as the national single point of
contact in the future.
Recommendation 5: A national approach to policing in the digital era is necessary
and long overdue. The police require a unified national digital policing strategy and
the resources to deliver the capability to ensure digital investigations and intelligence
capability. This will require a co-ordinated national effort bringing the relevant bodies
together, and a review of core training in digital investigations and intelligence skills
for all officers.
1.
Communications data is the ‘who, where, when and how’ of a communication, but not its
content.