Covert Surveillance and Property Interference Code of Practice. Flashcards
(16 cards)
What is the purpose of the Covert Surveillance and Property Interference Code of Practice?
Sets out rules for public authorities (e.g., police, local authorities) using:
• Covert surveillance
• Intrusive surveillance
• Covert human intelligence sources (CHIS)
• Property interference
What is covert surveillance?
Surveillance carried out in a manner calculated to ensure the subject is unaware it is or may be taking place.
Who can authorise directed surveillance?
A designated officer within a public authority.
Who must authorise intrusive surveillance?
The Secretary of State, with approval from a Judicial Commissioner.
How long is a directed surveillance authorisation valid?
3 months (renewable).
What legislation governs property interference by public authorities?
The Police Act 1997.
What is collateral intrusion?
The risk of collecting private information about people not targeted by the surveillance.
What must all surveillance activity be?
Necessary, proportionate, and for a legitimate purpose (e.g., preventing crime).
What body oversees covert surveillance activities?
Investigatory Powers Commissioner’s Office (IPCO).
What rights must covert surveillance comply with?
Article 8 of the Human Rights Act 1998 – right to respect for private and family life.
What safeguarding measures are put in place by the Investigatory Powers Commissioner’s Office (IPCO)?
Records must be maintained and reviewed.
Surveillance should be targeted, not general fishing exercises.
How long is CHIS authorisation valid?
12 months. Renewable.
How long is intrusive surveillance authorisation valid?
3 months, renewable with Commissioner approval.
What Authorisation Requirements are required for Directed Surveillance?
Must be granted by a designated officer.
Must be for a legitimate purpose (e.g., preventing crime).
Must be necessary and proportionate.
Must consider collateral intrusion.
What Authorisation Requirements are required for Intrusive Surveillance?
Requires a warrant from the Secretary of State.
Also needs approval from an Independent Judicial Commissioner.
What is required to carry out property interference?
Requires a Property Interference Warrant under the Police Act 1997.
