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Figures reveal covert surveillance use in Scotland Figures reveal covert surveillance use in Scotland
(about 7 hours later)
Scottish councils used covert surveillance on hundreds of occasions over the last three years, according to data obtained by BBC Scotland.Scottish councils used covert surveillance on hundreds of occasions over the last three years, according to data obtained by BBC Scotland.
Local authorities authorised 460 clandestine investigations into issues ranging from drugs and prostitution to dog fouling and underage sunbed use. Local authorities authorised 501 clandestine investigations into issues ranging from drugs and prostitution to dog fouling and underage sunbed use.
The figures show an overall decline in the use of the powers.The figures show an overall decline in the use of the powers.
But campaigners said they were being used to investigate "less serious" crimes than originally planned.But campaigners said they were being used to investigate "less serious" crimes than originally planned.
The Regulation of Investigatory Powers (Scotland) Act (Ripsa), introduced in 2000, was intended to combat serious crime and terrorism.The Regulation of Investigatory Powers (Scotland) Act (Ripsa), introduced in 2000, was intended to combat serious crime and terrorism.
The act says the powers can be used to prevent or detect crime or to prevent disorder, to act in the interests of public safety, and to protect public health.The act says the powers can be used to prevent or detect crime or to prevent disorder, to act in the interests of public safety, and to protect public health.
The legislation allows public authorities to install hidden cameras, to bug or photograph someone in a public place, use undercover agents, and secretly follow people who are suspected of breaking the law.The legislation allows public authorities to install hidden cameras, to bug or photograph someone in a public place, use undercover agents, and secretly follow people who are suspected of breaking the law.
Use of these techniques has to be authorised internally by an authorising officer or a designated person, and can only be used where it is considered necessary and proportionate.Use of these techniques has to be authorised internally by an authorising officer or a designated person, and can only be used where it is considered necessary and proportionate.
The separate Regulation of Investigatory Powers Act (Ripa), introduced in the same year as Ripsa, allows Scottish authorities the additional power to trawl through communication traffic data such as phone calls, emails and website visits.The separate Regulation of Investigatory Powers Act (Ripa), introduced in the same year as Ripsa, allows Scottish authorities the additional power to trawl through communication traffic data such as phone calls, emails and website visits.
Scottish councils often used these powers for investigations into serious crime related to drugs and prostitution, but the data - obtained through a series of coordinated freedom of information requests - shows other reasons for their use.Scottish councils often used these powers for investigations into serious crime related to drugs and prostitution, but the data - obtained through a series of coordinated freedom of information requests - shows other reasons for their use.
Since 2012, South Ayrshire Council has authorised stings regarding underage sunbed sessions, the unlicensed sale of fireworks, and dog fouling.Since 2012, South Ayrshire Council has authorised stings regarding underage sunbed sessions, the unlicensed sale of fireworks, and dog fouling.
A third of the Scottish investigations were authorised by Dundee City Council.A third of the Scottish investigations were authorised by Dundee City Council.
Half of those 137 operations were related to noise, but also included investigations into counterfeit cigarettes, fraudulent use of a blue badge, and a fake personal injury.Half of those 137 operations were related to noise, but also included investigations into counterfeit cigarettes, fraudulent use of a blue badge, and a fake personal injury.
A council spokesman said: "The city council has carried out procedures within legal guidelines and the appropriate framework."A council spokesman said: "The city council has carried out procedures within legal guidelines and the appropriate framework."
A spokesperson for Aberdeenshire Council also said the legislation was used proportionately to protect the community.A spokesperson for Aberdeenshire Council also said the legislation was used proportionately to protect the community.
The council said: "The investigations into the supply of diet pills or counterfeit tobacco, for example, were in the interests of public health as well as the fact that their supply constitutes a breach of Trading Standards legislation and is a criminal offence."The council said: "The investigations into the supply of diet pills or counterfeit tobacco, for example, were in the interests of public health as well as the fact that their supply constitutes a breach of Trading Standards legislation and is a criminal offence."
'Necessary and proportionate''Necessary and proportionate'
The Scottish Parliament has approved changes to codes of practice - which will come into force on 2 February - related to Ripsa that will tighten up the authorisation arrangements required for the surveillance of lawyer-client discussions.The Scottish Parliament has approved changes to codes of practice - which will come into force on 2 February - related to Ripsa that will tighten up the authorisation arrangements required for the surveillance of lawyer-client discussions.
Emma Carr, the director of Big Brother Watch, said more accountability was needed for intrusive surveillance.Emma Carr, the director of Big Brother Watch, said more accountability was needed for intrusive surveillance.
She said: "The public will want surveillance powers to be used when it is right and necessary, necessary and proportionate.She said: "The public will want surveillance powers to be used when it is right and necessary, necessary and proportionate.
"However, from almost the moment that the legislation was passed, hundreds of public authorities clambered to have access to these incredibly useful powers."However, from almost the moment that the legislation was passed, hundreds of public authorities clambered to have access to these incredibly useful powers.
"This, alongside a lack of post-legislative scrutiny over more than 10 years, resulted in these powers being used for arguably less serious crimes.""This, alongside a lack of post-legislative scrutiny over more than 10 years, resulted in these powers being used for arguably less serious crimes."
But the use of these surveillance laws by Scottish authorities has declined since 2012 - the same year a new piece of legislation stipulated requests for communications data could no longer be approved internally, and now had to have judicial approval.But the use of these surveillance laws by Scottish authorities has declined since 2012 - the same year a new piece of legislation stipulated requests for communications data could no longer be approved internally, and now had to have judicial approval.
Data collated by BBC Scotland also reveals how few investigations authorised under the two separate acts were directly linked with a conviction or penalty notice.Data collated by BBC Scotland also reveals how few investigations authorised under the two separate acts were directly linked with a conviction or penalty notice.
No criminal action followed 26 authorisations given by Aberdeenshire Council, and South Ayrshire's 18 authorisations led to one conviction and one fine.No criminal action followed 26 authorisations given by Aberdeenshire Council, and South Ayrshire's 18 authorisations led to one conviction and one fine.
Ms Carr said: "If these powers are being used, especially the more intrusive of the powers, and there is no arrest or prosecution, then questions should certainly be asked as to why this is the case.Ms Carr said: "If these powers are being used, especially the more intrusive of the powers, and there is no arrest or prosecution, then questions should certainly be asked as to why this is the case.
"This is why it is concerning that members of the public who have been placed under surveillance aren't told that this is the case, meaning that they will be unable to seek redress if the surveillance has turned out to be unnecessary.""This is why it is concerning that members of the public who have been placed under surveillance aren't told that this is the case, meaning that they will be unable to seek redress if the surveillance has turned out to be unnecessary."
Surveillance operationsSurveillance operations
The other bodies that used powers outlined under Ripsa included the national police force, the Scottish Prison Service (20 times), NHS National Services Scotland (three times), Transport Scotland (one time), the Scottish Environment Protection Agency (four times), and Marine Scotland (five times).The other bodies that used powers outlined under Ripsa included the national police force, the Scottish Prison Service (20 times), NHS National Services Scotland (three times), Transport Scotland (one time), the Scottish Environment Protection Agency (four times), and Marine Scotland (five times).
Police Scotland told BBC Scotland it could neither "confirm or deny" whether surveillance operations had been authorised by them under Ripa or Ripsa in the last three years.Police Scotland told BBC Scotland it could neither "confirm or deny" whether surveillance operations had been authorised by them under Ripa or Ripsa in the last three years.
It said: "If the Police Service were to either confirm or deny that any other information is held, other covert surveillance tactics will either be compromised or significantly weakened.It said: "If the Police Service were to either confirm or deny that any other information is held, other covert surveillance tactics will either be compromised or significantly weakened.
"To reveal exact detail of the number of Ripa or Ripsa applications on any specific subject area would reveal covert investigative activity that may or may not have taken place and would highlight to terrorists and individuals intent on carrying out criminal behaviour, covert policing activity.""To reveal exact detail of the number of Ripa or Ripsa applications on any specific subject area would reveal covert investigative activity that may or may not have taken place and would highlight to terrorists and individuals intent on carrying out criminal behaviour, covert policing activity."
However, a recent report published by the Interception of Communications Commissioner - an independent watchdog set up under Ripa - reveals Police Scotland had 19,390 authorisations regarding communications data granted in 2013.However, a recent report published by the Interception of Communications Commissioner - an independent watchdog set up under Ripa - reveals Police Scotland had 19,390 authorisations regarding communications data granted in 2013.
By comparison, intelligence personnel at GCHQ - this week at the centre of a story of how the organisation collected thousands of journalists' confidential emails - had 1,406 authorisations granted.By comparison, intelligence personnel at GCHQ - this week at the centre of a story of how the organisation collected thousands of journalists' confidential emails - had 1,406 authorisations granted.