Publication of Investigatory Powers Commissioner’s 2023 Annual Report  

Publication of Investigatory Powers Commissioner’s 2023 Annual Report

The 2023 Annual Report by the Investigatory Powers Commissioner, Sir Brian Leveson has been published.

The Report details the use and oversight of investigatory powers by public authorities including the intelligence agencies, law enforcement, and local authorities. The report also includes details of inspection findings, recommendations, errors, and breaches.

The number of applications to use investigatory powers continued to rise by between 9-10% a year, with just under 360,000 authorisations made in 2023 across all powers. As is consistent with previous years, Judicial Commissioners refused few applications for the use of the more intrusive powers, which is indicative of the careful scrutiny public authorities take in preparing applications and the rigorous approach of Judicial Commissioners in their approach.

IPCO Inspectors conducted 386 inspections across the different sectors of public authorities overseeing the use of powers including the interception of communications, the acquisition of communications data, and the use of covert human intelligence sources.

Sir Brian Leveson, the Investigatory Powers Commissioner, said: “I am pleased to present the 2023 Annual Report, which marks my fifth full year as the Investigatory Powers Commissioner. I remain satisfied that public authorities continue to demonstrate a high standard of compliance in their use of covert investigatory powers. The quality of applications submitted to the Investigatory Powers Commissioner’s Office (IPCO), along with the thorough reviews carried out by my Inspectors, reflect a clear commitment to operating within the bounds of legislation and the Codes of Practice.

I am confident that IPCO continues to provide rigorous oversight and scrutiny, ensuring that public authorities across the UK exercise investigatory powers lawfully and with full regard to their human rights obligations.”

Some of the key points in the 2023 Report are:

• Investigatory Powers (Amendment) Bill: In 2023, the government introduced the Investigatory Powers (Amendment) Bill with Royal Assent received in April 2024, which introduces targeted reforms to the IPA, including new safeguards and oversight functions for the IPC.

• Review of thematic warrants: The IPC oversaw a review of thematic warrants, as operated in practice by UKIC and law enforcement. This arose out of concerns regarding inconsistencies arising from different interpretations of thematic warrant categories described in the IPA. Discussions on the findings continue with the Home Office and the operational community and further information will be provided in the 2024 Report.

• Protected data: The IPC ordered a focussed inspection on BPD warrants at MI5 in respect to how protected data was identified during the initial examination. IPCO Inspectors were satisfied that there were robust and comprehensive procedures in place.

• TEI activity overseas: IPCO identified concerns with the Home Office about the lack of ministerial oversight of equipment interference conducted by LEAs in relation to equipment located overseas with guidance now in place to address these risks.

• Targeted equipment interference (TEI): Following IPCO’s thematic inspection of TEI in 2022, the National Police Chiefs’ Council (NPCC) has commenced an extensive programme of work to address the issues Inspectors identified, particularly around significant inconsistencies in the way TEI warrants are processed and managed across LEAs.

• Management of intercept material: The IPC continues to have reservations about the lack of an adequate IT system for LEAs to apply for and manage intercepted material.

• Serious errors: In 2023, IPCO Inspectors conducted 11 investigations into potential serious errors. In two of these cases, the IPC determined that the seriousness threshold had been crossed and that it was in the public interest for those affected to be informed. The first incident related to the seizure of migrants’ mobile phones and the second related to a case where an individual was wrongfully arrested.

ENDS

Notes to editors

IPCO’s 2023 Annual Report is available to view at ipco.org.uk

IPCO provides independent oversight of the use of investigatory powers by intelligence agencies, police forces and other public authorities. The Investigatory Powers Commissioner, Sir Brian Leveson, and his Judicial Commissioners are responsible for overseeing the use of investigatory powers by public authorities which include law enforcement, the intelligence agencies, prisons, local authorities and other government agencies (e.g. regulators). In total over 600 public authorities and institutions have investigatory powers. Further information about IPCO is here: www.ipco.org.uk/