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

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.

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

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.