(2) what guidance (a) her Department and (b) the Office of the Surveillance Commissioner has given to local authorities on the proportionate and necessary use of surveillance powers under the Regulation of Investigatory Powers Act 2000;
(3) what assessment she has made of the effect on local authorities of the transposition and implementation of the Data Retention Directive;
(4) what guidance her Office has issued on each aspect of surveillance and interception under the Regulation of Investigatory Powers Act 2000.
The level of authorisation for directed surveillance by local authorities is set out in statutory instrument 2003 No.3171: the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003.
No specific guidance has been given to local authorities on the proportionate and necessary use of surveillance powers, but guidance is contained in the statutory Code of Practice for Covert Surveillance.
No assessment has been made of the effect on local authorities of the transposition and implementation of the Data Retention Directive 2006/24/EC. However, the Directive requires communications service providers to retain communications data to ensure that public authorities, including local authorities, can continue to have access under the Regulation of Investigatory Powers Act 2000.
The Home Office has published statutory codes of practice under the Regulation of Investigatory Powers Act 2000 on Covert Surveillance; the Interception of Communications; Acquisition and Disclosure of Communications Data; and Covert Human Intelligence Sources. Separately, the National Policing Improvement Agency has issued “Guidance on the Lawful and Effective use of Covert Techniques” and the Local Authorities Coordinators of Regulatory Sources (LACORS) has also provided advice to local authorities.
Where local authorities conduct directed surveillance within the meaning of the Regulation of Investigatory Powers Act 2000 they are required to maintain a record of the authorisation. This will be made available for inspection as appropriate by the Office of Surveillance Commissioners, but there is no central register of local authorities’ surveillance activity.