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Annual Report ANNUAL REPORT of the Chief Surveillance Commissioner to the Prime Minister and to the Scottish Ministers for 2014-2015 HC 126 SG/2015/56 ANNUAL REPORT of the Chief Surveillance Commissioner to the Prime Minister and to the Scottish Ministers for 2014-2015 Chief Surveillance Commissioner: The Rt. Hon. Sir Christopher Rose Presented to Parliament pursuant to section 107(3) of the Police Act 1997 Ordered by the House of Commons to be printed on 25 June 2015 Laid before the Scottish Parliament by the Scottish Ministers 25 June 2015 HC 126 SG/2015/56 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/ve rsion/3 or write to the Informa tion Policy Team, The National Archives, Kew, Lonndon TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at PO Box 29105, London SW1V 1ZU Print ISBN 9781474118279 Web ISBN 9781474118286 ID 29041502 06/15 49931 19585 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office Contents Page 1. Introduction.....................................................................................................................1 2. Overview of the year.......................................................................................................2 3. Particular matters relating to the OSC..........................................................................4 Reporting to the Prime Minister and the Scottish Ministers .......................................4 OSC guidance .................................................................................................................4 Inspection programme ...................................................................................................4 Commissioners’ meetings .............................................................................................5 Presentations and conferences .....................................................................................5 Liaison .............................................................................................................................5 Home Office support ......................................................................................................6 Recruitment and Appointments ....................................................................................6 Changes in personnel ....................................................................................................7 Recognition .....................................................................................................................8 Expenditure .....................................................................................................................8 4. Statistics relating to the use of property interference and covert surveillance......................................................................................................................9 General ............................................................................................................................9 Property interference ...................................................................................................11 Intrusive surveillance ...................................................................................................11 Urgency provisions ......................................................................................................12 Directed surveillance....................................................................................................12 Covert Human Intelligence Sources ...........................................................................14 Relevant Sources (undercover officers).....................................................................15 Section 49 – encryption................................................................................................15 Irregularities ..................................................................................................................16 Misconduct....................................................................................................................17 5. Key issues arising from my inspections.....................................................................19 Police undercover operations .....................................................................................19 The impact of The Protection of Freedoms Act 2012.................................................24 Use of covert powers by other public authorities......................................................25 Collaborative working arrangements ..........................................................................25 Powers afforded to public authorities.........................................................................26 Matters relating to Northern Ireland............................................................................27 Social Networks.............................................................................................................28 Common inspection findings ......................................................................................28 The need for inspection................................................................................................30 Public reassurance.......................................................................................................30 6. The year ahead..............................................................................................................32 Annual Report of the Chief Surveillance Commissioner to the Prime Minister and to the Scottish Ministers for 2014-2015 Appendices Page A Authorisations given under Part III of the Police Act 1997 (as amended) during last three years...............................................................................................................................33 B Authorisations given under Part III of the Police Act 1997 (as amended) for the last three years by offence..............................................................................................................34 C Authorisations given under Part II (Intrusive Surveillance) of the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (Scotland) Act 2000 during the last three years................................................................................35 D Authorisations given under Part II (Intrusive Surveillance) of the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (Scotland) Act 2000 in the last three years by offence.....................................................................36 E Inspection priorities.........................................................................................................37 F OSC expenditure for April 2014 - March 2015................................................................39 G Members of The Office Of Surveillance Commissioners as at 31 March 2015...............40 Annual Report of the Chief Surveillance Commissioner to the Prime Minister and to the Scottish Ministers for 2014-2015 1 1. Introduction 1.1. This is my ninth report since taking up my appointment as the Chief Surveillance Commissioner in July 2006 and relates to the period 1st April 2014 to 31st March 2015. It is also my last report, as I am retiring and shall be succeeded by The Rt Hon the Lord Judge with effect from 1st July 2015. 1.2. My statutory responsibilities have not changed; they are to keep under review: 1.2.1. The performance of functions under Part III of the Police Act 1997 (‘PA97’); 1.2.2. Except in relation to the interception of communications and intelligence services, the exercise and performance of the powers and duties conferred or imposed by or under Parts II and III of the Regulation of Investigatory Powers Act 2000 (‘RIPA’); and 1.2.3. The exercise and performance of the powers and duties conferred or imposed by or under the Regulation of Investigatory Powers (Scotland) Act 2000 (‘RIP(S)A’). 1.3. The powers and duties of the Surveillance Commissioners in scrutinising and deciding whether to approve authorisations under PA97 (property interference) and under RIPA and RIP(S)A (intrusive surveillance) have been explained in earlier reports and are publicly available on our website. Since 1st January 2014 and since 2nd February 2015 in relation to Police Scotland, the Surveillance Commissioners have also been responsible for granting prior approval for the renewal of all law enforcement “relevant sources” (commonly termed undercover officers). 1.4. There is a right to appeal against Commissioners’ decisions to me. There have been no appeals lodged during this reporting period. 1.5. In performance of my duty under all three Acts to report annually, I continue to prepare a combined report. 1.6. I also act as the Investigatory Powers Commissioner for the Sovereign Base Areas, Cyprus, under the Regulation of Investigatory Powers Ordinance 2012. My office undertakes an annual inspection and I report separately to the Administrator of the
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