Immigration Officers: Surveillance

(asked on 24th March 2016) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 21 March 2016 to Question 31078, on immigration officers, what policy, guidance or code of practice is provided to immigration officers carrying out equipment interference.


Answered by
James Brokenshire Portrait
James Brokenshire
This question was answered on 11th April 2016

The Office of Surveillance Commissioners (OSC) provides independent oversight of the use of property interference powers by law enforcement, including immigration officers. The Police Act 1997 was amended in 2013 to enable immigration officers to carry out property interference. The OSC regularly inspects law enforcement use of the power and scrutinises all individual property interference authorisations. A statutory code of practice for covert surveillance and property interference which can be found at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/384975/Covert_Surveillance_Property_Interrefernce_web__2_.pdf

applies to all agencies with property interference powers.

The Investigatory Powers Bill will provide enhanced safeguards for the use of equipment interference, including the requirement that equipment interference warrants are subject to the double-lock authorisation safeguard. The Bill will also create a new and more powerful Investigatory Powers Commissioner who will keep the use of this important power under close and regular review. A new Equipment Interference Code of Practice was published in draft alongside the Investigatory Powers Bill. This Code will provide further guidance on the use of equipment interference powers to all relevant agencies.

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