SCOTS
CMSW

surveillance

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notification of authorisations for intrusivesurveillanceamendment 11 moved mr jim
section 6 authorisation of intrusivesurveillanceamendments 35 and 36 moved
intrusive surveillance rather than directedsurveillanceangus mackay i recalled the
entitle you to conduct intrusivesurveillanceas you do not believe
specific definition relating to intrusivesurveillancebut it may be possible
be able to use intrusivesurveillanceby applying to the chief
the authorisation was for intrusivesurveillancedirected surveillance or the use
is rightly classed as intrusivesurveillancehowever an individual s expectation
justify an authorisation for intrusivesurveillanceirrespective of where the surveillance
what constitutes intrusive or directedsurveillanceis it where the surveillance
justify the use of intrusivesurveillanceon the other hand seven
for an order for intrusivesurveillanceone would also have to
the use of covert intrusivesurveillanceor sources i move amendment
was for intrusive surveillance directedsurveillanceor the use of a
for the more onerous intrusivesurveillancerather than directed surveillance angus
rights issues other than intrusivesurveillances1w 6035 roseanna cunningham to
to speak if the intrusivesurveillancetarget is expected to be
sufficiently serious to warrant intrusivesurveillancethe bill and the codes
as directed rather than intrusivesurveillancethe bill recognises that there
as directed rather than intrusivesurveillancethe nub of the issue
arises no authorisation for intrusivesurveillancewhich is about the highest
between the three categories intrusivesurveillancewhich is the most intrusive
notifications of authorisations for intrusivesurveillancewill be set out in
area in which that intrusivesurveillancewill take place it is
have wrongly been put undersurveillanceand who should never have
has been wrongly placed undersurveillancebut who has no connection
people are wrongly put undersurveillancei do not say that
i said that where asurveillanceoperation has been wrongly carried
people who were wrongly undersurveillancesome time ago during industrial
has wrongly been put undersurveillancethat person should not be
someone has been put undersurveillancewrongly for whatever reason they
who has been placed undersurveillancewrongly must be destroyed any
the surveillance commissioners the chiefsurveillancecommissioner has assured us that
3 to 8 of sectionsurveillancecommissioners above apply and i
authorities those authorities include thesurveillancecommissioners although we believe that
12 appeals against decisions bysurveillancecommissioners amendments 55 and 56
information to be provided tosurveillancecommissioners amendments 57 and 58
on the required number ofsurveillancecommissioners and chief surveillance commissioners
on the numbers of chiefsurveillancecommissioners and surveillance commissioners i
appear to apply to assistantsurveillancecommissioners does that imply that
oversight being provided by thesurveillancecommissioners established by the 1997
of chief surveillance commissioners andsurveillancecommissioners i accept or at
of surveillance commissioners and chiefsurveillancecommissioners i am sure that
will the work of thesurveillancecommissioners in scotland fit in
be in the number ofsurveillancecommissioners once the scottish commissioners
the given number of chiefsurveillancecommissioners or surveillance commissioners that
will be issued to chiefsurveillancecommissioners or whether guidance on
of chief surveillance commissioners orsurveillancecommissioners that will not require
have scottish judges as scottishsurveillancecommissioners the balance has to
the bill will be thesurveillancecommissioners the chief surveillance commissioner
is consistency in what chiefsurveillancecommissioners think is appropriate for
must be provided to thesurveillancecommissioners to enable them to
amendment 28 deals with assistantsurveillancecommissioners towards the end of
gave in relation to thesurveillancecommissioners whether it is competent
of chief ordinary and assistantsurveillancecommissioners who will all have
constable of the area directedsurveillanceand the conduct and use
crime squad to authorise directedsurveillanceand the conduct and use
assent while authorisations for directedsurveillanceand the use of covert
public authority to have directedsurveillanceauthorisation as well i think
for an order for directedsurveillancecan the minister enlighten me
that they carry out directedsurveillanceor actions that is why
for the authorisation of directedsurveillanceor covert human intelligence sources
bodies that can authorise directedsurveillanceor the use of human
section 3 authorisation of directedsurveillancethe deputy presiding officer we
be required to mount directedsurveillancethe difficulty would lie in
the difficulty is that directedsurveillancewould be involved if i
codes of practice on covertsurveillanceand covert human intelligence sources
regulation of investigatory powers covertsurveillancecode of practice scotland order
regulation of investigatory powers covertsurveillancecode of practice scotland order
regulation of investigatory powers covertsurveillancecode of practice scotland order
obtain authority to approve covertsurveillancecovert activities are highly expensive
person authorised to carry outsurveillanceii any covert human intelligence
that far from increasing covertsurveillanceoperations the bill will restrict
bill attempts to bring covertsurveillanceout of the shadowy world
that the use of covertsurveillancetechniques is compatible with the
grounds for authorisation of directsurveillancei do not believe that
to cancel an authorisation forsurveillanceif he or she believes
authorisation of urgent cross bordersurveillanceoperations by overseas officers in
also authorisation of cross bordersurveillancerequired by article 40 of
to a few subjects ofsurveillancewhen the authorisation had come
the amendment every authorisation forsurveillancewould need to be reviewed
can authorise the use ofsurveillanceor human sources under the
the authorities can authorise asurveillanceorder if they perceive there
power for ministers to authorisesurveillancewhich was an important and
surveillance is it where thesurveillancedevice is located or where
surveillance irrespective of where thesurveillancedevice itself is located i
as opposed to where thesurveillancedevices are located under the
or where the person undersurveillanceis located it seems common
are located under the billsurveillancethat is targeted on someone
the decision of a chiefsurveillancecommissioner but cannot do so
mr gorrie accepts that thesurveillancecommissioner has to make an
himself or herself to thesurveillancecommissioner i believe that this
any decision of a chiefsurveillancecommissioner i would like the
on the part of thesurveillancecommissioner nor to a commissioner
makes sense for the chiefsurveillancecommissioner s report on the
17 states that the chiefsurveillancecommissioner shall give information to
would state that the chiefsurveillancecommissioner shall provide such information
section 17 functions of chiefsurveillancecommissioner the deputy presiding officer
could be given to thesurveillancecommissioner there is any number
situation in which one chiefsurveillancecommissioner thought that certain information
the removal of a chiefsurveillancecommissioner to be approved by
the two acts the chiefsurveillancecommissioner under the 1997 act
technical it is the chiefsurveillancecommissioner who decides what is
take that action is thesurveillancecommissioner who should act in
fulcrum would have been thesurveillancecommissioner who should have undertaken
relation to how the chiefsurveillancecommissioner will give information to
3 provides that the chiefsurveillancecommissioner will make an annual
authority to provide an ordinarysurveillancecommissioner with any information that
year at present the chiefsurveillancecommissioner writes his report on
a former surveillance subject thatsurveillancehas ended would not be
been under surveillance that suchsurveillancehas happened although i will
recommendation to inform a formersurveillancesubject that surveillance has ended
using sophisticated criminal methods oftensurveillancetechniques and the use of
it it will ensure thatsurveillancetechniques are used only for
enforcement agencies when they usesurveillancetechniques do so in compliance
framework for the use ofsurveillancetechniques in scotland it will
sundry who have been undersurveillancethat such surveillance has happened
what has happened since policesurveillanceoperations began and saying that
important role in police operationssurveillanceoperations have led to scottish
it is appropriate to conductsurveillanceoperations he continued my point
available on the level ofsurveillanceoperations in scotland s1f 1681
attaching to urgent cross bordersurveillanceoperations in the uk are
for instance in effective policesurveillanceoperations it is not difficult
considered in every case wheresurveillancehas been properly authorised and
and b that the authorisedsurveillanceis proportionate to what is
case irrespective of whether thesurveillancewas properly authorised and carried
case irrespective of whether thesurveillancewas properly authorised and carried
have been the subjects ofsurveillanceand if so how christine
have been the subjects ofsurveillanceif a criminal in that
makes it mandatory to informsurveillancesubjects perhaps members think that
in my amendment to notifysurveillancesubjects would be triggered only
good reasons most subjects ofsurveillancewill not be aware that
society generally the use ofsurveillanceor human sources is not
member state to conduct unaccompaniedsurveillancein another member state for
to carry out a particularsurveillanceexercise that said the conservatives
other countries to carry outsurveillancein the united kingdom for
bodies that can carry outsurveillanceit is likely therefore that
the police to carry outsurveillanceon members of the public
able to carry out thesurveillancethat would be necessary for
the ability to carry outsurveillancethe bill achieves that to
respect to urgent cross bordersurveillanceby the police where serious
substantive issues about cross bordersurveillancewhich the uk government will
why they had been undersurveillancean individual would certainly want
who had been put undersurveillanceand been found to be
somebody who had been undersurveillanceand did not know about
that they have been undersurveillanceand members will see that
if somebody had been undersurveillanceand no harm or prejudice
whether they have been undersurveillanceand the situation is reviewed
have been the subject ofsurveillanceas provided for under the
that they have been undersurveillancebecause there was no reason
people who have been undersurveillanceby the state it is
person who has been undersurveillancecan use that tribunal to
people will be put undersurveillancefor the wrong reasons but
not have been put undersurveillancegordon went on to say
people who have been undersurveillancehave a right to be
real criminality that is undersurveillancehe also intriguingly asked what
that they have been undersurveillancehe must be fully informed
that they had been undersurveillancei do not know how
whether they have been undersurveillanceimproperly the appropriate structure would
or she has been undersurveillancein summing up can the
never have been put undersurveillancein the first place to
were under some form ofsurveillancein their youth although it
or she had been undersurveillanceprovided of course that there
of bse under the bsesurveillancescheme they are fallen stock
person who had been undersurveillanceshould be told a very
if they have been undersurveillanceso i assume that the
that they had been undersurveillancethat leads me to believe
them that they were undersurveillancethat might do an individual
that they had been undersurveillancethat raises the question whether
and how they were undersurveillancethe state is the servant
be told what kind ofsurveillancethey were under i still
that miners leaders were undersurveillancethrough telephone tapping even well
that they have been undersurveillancewe will ensure that that
the person who is undersurveillancewill not be aware of
cock up occurred during asurveillanceoperation and a person with
potential that although a foreignsurveillanceoperation might start south of
been the subject of asurveillanceoperation the system is open
mean the circumstances in whichsurveillanceis granted for person a
is no further reason forsurveillanceof a particular person that
that street for that reasonsurveillancetargeted on a person who
that there has not beensurveillancethe person will never know
would be the issue forsurveillanceif the police thought that
a legal framework for policesurveillanceto attempt to achieve echr
our own authorities use ofsurveillancein the uk without giving
would be triggered only whensurveillancehas been quashed ceased or
of the process of undertakingsurveillancei have been on a
have been subjected unfairly tosurveillancei realise that the important
had been the subject ofsurveillancemight try to take matters
have been the subject ofsurveillanceofficial report justice and home
been the subject of unwarrantedsurveillancethe right of appeal to
greater scope to undertake costlysurveillancewe have been assured by
information bill this information onsurveillanceis not going to be
who had a suspicion thatsurveillancehad taken place although the
to create an environment wheresurveillanceis subject to statutory regulation
25 is to provide thatsurveillancethat involves a device or
is designed to provide thatsurveillancethat involves a device or
which related to drug traffickingsurveillancecontinues to play an important
important dennis canavan talked aboutsurveillancesituations that people should now
particularly in respect of allowingsurveillanceof criminals in order to
circumstances ever arose when thesurveillanceorder is no longer applicable
pointed to the categories forsurveillancesuch as public order and
were to be determined suchsurveillancerequires trained operatives who are
up my mind whether ifsurveillancehas taken place but there
include the situation in whichsurveillancehas uncovered evidence of wrong
agreed to section 2 lawfulsurveillanceetc phil gallie amendment 30
particularly when it deals withsurveillancehowever as the deputy first
even if the instance ofsurveillanceover however long a period
to build in protection forsurveillancesystems however i still think
that can be changed suchsurveillanceis not criminal and is
he was concerned about suchsurveillanceon civil liberties grounds but
be subjected to unjustified officialsurveillancewe have to accept that
agents would run up tosurveillancetargets to show them the
foresee that notifying people ofsurveillancewould be more likely to
of doors the type ofsurveillancewould change i am not
not confirm to someone thatsurveillancehad taken or was taking
tribunal to find out aboutsurveillancea suspicion will not clear
record on the issue ofsurveillanceand echr compatibility members should
the legislation applies to thesurveillanceworld i am not sure
difficulty in my view externalsurveillanceis required if louse levels
principle to cases of wrongsurveillancebecoming public i also quote
of individuals involved in thesurveillanceactivities basically it is a
legislate and to ensure thatsurveillanceis properly governed and controlled
of the way in whichsurveillanceis undertaken i regret that
disclose the fact of thatsurveillanceunless the authorising officer perceives
disclose the fact of thatsurveillanceunless the authorising officer perceives
about the highest category ofsurveillanceand includes bugging devices in
between the need to undertakesurveillanceand the protection of individuals
the problems raised by thesurveillanceof known felons whose associates
to make authorisations for directsurveillanceon a range of issues
the wholly innocent party aboutsurveillancesubsection 4 builds in a
a requirement to disclose thesurveillanceto the suspect i appreciate
nor monitored by anyman ssurveillanceit may sit beside you
by undertaking say a technicalsurveillanceon a fox s lair
in the stage 1 debatesurveillancelast year played a key
and improve animal health andsurveillanceservices revitalising fishing scotland s
asked as political movements shiftedsurveillancedata was sifted leaders loaded

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