The Regulation of Investigatory Powers (Scotland) Act 2000: new Code of Practice for Equipment Interference and revised Codes of Practice for Covert Human Intelligence Sources and Covert Surveillance & Property Interference
Published responses
View submitted responses where consent has been given to publish the response.
Overview
This consultation seeks views on a new code of practice dealing with Targeted Equipment Interference and on two revised codes of practice dealing with Covert Human Intelligence Sources and Covert Surveillance & Property Interference.
The new and revised codes reflect a number of changes made by the Investigatory Powers Act 2016 (IPA). Changes relate mainly to a new safeguard and oversight regime, including a new Investigatory Powers Commissioner which replaces the Intelligence Services Commissioner, the Interception of Communications Commissioner and the Chief Surveillance Commissioner, and the clarification of existing law relating to equipment interference.
These codes are made under section 24 of Regulation of Investigatory Powers (Scotland) Act 2000 (RIP(S)A), which requires Scottish Ministers to issue one or more codes of practice relating to investigatory powers, so far as they relate to Scottish public authorities.
Why your views matter
RIP(S)A requires Scottish Ministers to prepare and publish a draft of any Codes made and to consider representations made to them about those drafts (section 24). The Scottish Government is therefore seeking views on the draft Codes.
Equipment Interference Draft Code of Practice
Covert Human Intelligence Sources Draft Code of Practice
Covert Surveillance & Property Interference Draft Code of Practice
What happens next
Following the closing date, all responses will be analysed and considered to help us reach a decision on finalising the content of the Codes. We aim to issue our conclusions on this in September 2017. Scottish Ministers will then take forward the Codes in accordance with the relevant Scottish Parliamentary Procedures.
Interests
- Public Sector
- Law and Order
- Public Safety and Emergencies
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