§ Norman BakerTo ask the Secretary of State for the Home Department whether operations by law enforcement agencies involving the bouncing of radio beams off window panes to secure the content of conversations taking place within the room require prior approval through a warrant under the Interception of Communications Act 1985; what controls there are on the use of such technology; whether he requires to be notified in advance of each use of such equipment; and if he will make a statement. [158912]
§ Caroline Flint[holding answer 5 March 2004]: The Interception of Communications Act 1985 has been repealed by the Regulation of Investigatory Powers Act 2000 (RIPA). Part II of RIPA provides for the authorisation of covert surveillance, including surveillance carried out in relation to anything taking place in residential premises by means of a surveillance device. Where the device is not present on the premises, directed surveillance may be authorized—unless the device 1467W consistently provides information of the same quality and detail as might be expected from a device actually present on the premises, in which case authorisation for intrusive surveillance should be granted.
Deployment of any surveillance device by law enforcement agencies must be lawful and undertaken only after consideration of necessity and proportionality of that deployment. The Secretary of State is not required to be notified. Authorisation of both intrusive and directed surveillance by law enforcement agencies is subject to independent oversight by the Office of the Surveillance Commissioners.
§ Norman BakerTo ask the Secretary of State for the Home Department whether access by law-enforcement agencies to conversations in a private place gained through the use of a person's mobile telephone as a transmitter constitutes an interception of communications requiring express authorisation by warrant. [158913]
§ Caroline Flint[holding answer 5 March 2004]: Part III of the Police Act 1997 and Part II of the Regulation of Investigatory Powers Act 2000 (RIPA) provide for the authorisation of lawful interference with property and wireless telegraphy, and for the authorisation of intrusive surveillance respectively. Authorisation of such conduct by law enforcement agencies is subject to independent oversight by the Office of the Surveillance Commissioner. Part I of RIPA provides for the warranted interception of communications only in the course of their transmission by means of a public telecommunications system.