Protection of Freedoms Bill

House of Commons

Session 2010 - 11
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Protection of Freedoms Bill

Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 1 — Regulation of CCTV and other surveillance camera technology
20

(f)
standards applicable to persons using or maintaining systems or
apparatus,
(g)
standards applicable to persons using or processing information
obtained by virtue of systems,
(h)
access to, or disclosure of, information so obtained,
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(i)
procedures for complaints or consultation.
(4)
Such a code—
(a)
need not contain provision about every type of surveillance camera
system,
(b)
may make different provision for different purposes.
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(5)
In the course of preparing such a code, the Secretary of State must consult—
(a)
such persons appearing to the Secretary of State to be representative of
the views of persons who are, or are likely to be, subject to the duty
under section 33(1) (duty to have regard to the code) as the Secretary of
State considers appropriate,
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(b)
the Association of Chief Police Officers,
(c)
the Information Commissioner,
(d)
the Chief Surveillance Commissioner,
(e)
the Surveillance Camera Commissioner,
(f)
the Welsh Ministers, and
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(g)
such other persons as the Secretary of State considers appropriate.
(6)
In this Chapter “surveillance camera systems” means—
(a)
closed circuit television or automatic number plate recognition
systems,
(b)
any other systems for recording or viewing visual images of objects or
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events for surveillance purposes,
(c)
any systems for storing, receiving, transmitting, processing or checking
images or information obtained by systems falling within paragraph (a)
or (b), or
(d)
any other systems associated with, or otherwise connected with,
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systems falling within paragraph (a), (b) or (c).
(7)
In this section—
“the Chief Surveillance Commissioner” means the Chief Commissioner
appointed under section 91(1) of the Police Act 1997,
“processing” has the meaning given by section 1(1) of the Data Protection
35
Act 1998.
Procedural requirements
30
Issuing of code
(1)
The Secretary of State must lay before Parliament—
(a)
a code of practice prepared under section 29, and
40
(b)
a draft of an order providing for the code to come into force.
(2)
The Secretary of State must make the order and issue the code if the draft of the
order is approved by a resolution of each House of Parliament.

Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 1 — Regulation of CCTV and other surveillance camera technology
21

(3)
The Secretary of State must not make the order or issue the code unless the
draft of the order is so approved.
(4)
The Secretary of State must prepare another code of practice under section 29
if—
(a)
the draft of the order is not so approved, and
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(b)
the Secretary of State considers that there is no realistic prospect that it
will be so approved.
(5)
A code comes into force in accordance with an order under this section.
(6)
Such an order—
(a)
is to be a statutory instrument, and
10
(b)
may contain transitional, transitory or saving provision.
(7)
If a draft of an instrument containing an order under this section would, apart
from this subsection, be treated as a hybrid instrument for the purposes of the
standing orders of either House of Parliament, it is to proceed in that House as
if it were not a hybrid instrument.
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Alteration or replacement of code
(1)
The Secretary of State—
(a)
must keep the surveillance camera code under review, and
(b)
may prepare an alteration to the code or a replacement code.
(2)
Before preparing an alteration or a replacement code, the Secretary of State
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must consult the persons mentioned in section 29(5).
(3)
The Secretary of State must lay before Parliament an alteration or a
replacement code prepared under this section.
(4)
If, within the 40-day period, either House of Parliament resolves not to
approve the alteration or the replacement code, the Secretary of State must not
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issue the alteration or code.
(5)
If no such resolution is made within that period, the Secretary of State must
issue the alteration or replacement code.
(6)
The alteration or replacement code—
(a)
comes into force when issued, and
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(b)
may include transitional, transitory or saving provision.
(7)
Subsection (4) does not prevent the Secretary of State from laying a new
alteration or replacement code before Parliament.
(8)
In this section “the 40-day period” means the period of 40 days beginning with
the day on which the replacement code is laid before Parliament (or, if it is not
35
laid before each House of Parliament on the same day, the later of the two days
on which it is laid).
(9)
In calculating the 40-day period, no account is to be taken of any period during
which Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than four days.
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(10)
In this Chapter “the surveillance camera code” means the code of practice
issued under section 30(2) (as altered or replaced from time to time).

Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 1 — Regulation of CCTV and other surveillance camera technology
22

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Publication of code
(1)
The Secretary of State must publish the code issued under section 30(2).
(2)
The Secretary of State must publish any replacement code issued under section
31(5).
(3)
The Secretary of State must publish—
5
(a)
any alteration issued under section 31(5), or
(b)
the code or replacement code as altered by it.
Enforcement and Commissioner
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Effect of code
(1)
A relevant authority must have regard to the surveillance camera code when
10
exercising any functions to which the code relates.
(2)
A failure on the part of any person to act in accordance with any provision of
the surveillance camera code does not of itself make that person liable to
criminal or civil proceedings.
(3)
The surveillance camera code is admissible in evidence in any such
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proceedings.
(4)
A court or tribunal may, in particular, take into account a failure by a relevant
authority to have regard to the surveillance camera code in determining a
question in any such proceedings.
(5)
In this section “relevant authority” means—
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(a)
a local authority within the meaning of the Local Government Act 1972,
(b)
the Greater London Authority,
(c)
the Common Council of the City of London in its capacity as a local
authority,
(d)
the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
25
Middle Temple, in their capacity as a local authority,
(e)
the Council of the Isles of Scilly,
(f)
a parish meeting constituted under section 13 of the Local Government
Act 1972,
(g)
a police and crime commissioner,
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(h)
the Mayor’s Office for Policing and Crime,
(i)
the Common Council of the City of London in its capacity as a police
authority,
(j)
any chief officer of a police force in England and Wales,
(k)
any person specified or described by the Secretary of State in an order
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made by statutory instrument.
(6)
An order under subsection (5) may, in particular—
(a)
restrict the specification or description of a person to that of the person
when acting in a specified capacity or exercising specified or described
functions,
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(b)
contain transitional, transitory or saving provision.
(7)
So far as an order under subsection (5) contains a restriction of the kind
mentioned in subsection (6)(a) in relation to a person, the duty in subsection (1)

Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 1 — Regulation of CCTV and other surveillance camera technology
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applies only to the person in that capacity or (as the case may be) only in
relation to those functions.
(8)
Before making an order under subsection (5) in relation to any person or
description of persons, the Secretary of State must consult—
(a)
such persons appearing to the Secretary of State to be representative of
5
the views of the person or persons in relation to whom the order may
be made as the Secretary of State considers appropriate,
(b)
the Association of Chief Police Officers,
(c)
the Information Commissioner,
(d)
the Chief Surveillance Commissioner,
10
(e)
the Surveillance Camera Commissioner,
(f)
the Welsh Ministers, and
(g)
such other persons as the Secretary of State considers appropriate.
(9)
No instrument containing an order under subsection (5) is to be made unless a
draft of it has been laid before, and approved by a resolution of, each House of
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Parliament.
(10)
If a draft of an instrument containing an order under subsection (5) would,
apart from this subsection, be treated as a hybrid instrument for the purposes
of the standing orders of either House of Parliament, it is to proceed in that
House as if it were not a hybrid instrument.
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Commissioner in relation to code
(1)
The Secretary of State must appoint a person as the Surveillance Camera
Commissioner (in this Chapter “the Commissioner”).
(2)
The Commissioner is to have the following functions—
(a)
encouraging compliance with the surveillance camera code,
25
(b)
reviewing the operation of the code, and
(c)
providing advice about the code (including changes to it or breaches of
it).
(3)
The Commissioner is to hold office in accordance with the terms of the Commissioner’s
appointment; and the Secretary of State may pay in respect of the Commissioner any
30
expenses, remuneration or allowances that the Secretary of State may determine.
(4)
The Secretary of State may, after consultation with the Commissioner, provide the
Commissioner with—
(a)
such staff, and
(b)
such accommodation, equipment and other facilities,
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as the Secretary of State considers necessary for the carrying out of the Commissioner’s
functions.
35
Reports by Commissioner
(1)
As soon as reasonably practicable after the end of each reporting period—
(a)
the Commissioner must—
40
(i)
prepare a report about the exercise by the Commissioner during
that period of the functions of the Commissioner, and
(ii)
give a copy of the report to the Secretary of State,

Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 2 — Safeguards for certain surveillance under RIPA
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(b)
the Secretary of State must lay a copy of the report before Parliament,
and
(c)
the Commissioner must publish the report.
(2)
The reporting periods are—
(a)
the period—
5
(i)
beginning with the surveillance camera code first coming into
force or the making of the first appointment as Commissioner
(whichever is the later), and
(ii)
ending with the next 31 March or, if the period ending with that
date is 6 months or less, ending with the next 31 March after that
10
date, and
(b)
each succeeding period of 12 months.
Interpretation
36
Interpretation: Chapter 1
In this Chapter—
15
“the Commissioner” has the meaning given by section 34(1),
“surveillance camera code” has the meaning given by section 31(10),
“surveillance camera systems” has the meaning given by section 29(6).
Chapter 2
Safeguards for certain surveillance under RIPA
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Judicial approval for obtaining or disclosing communications data
After section 23 of the Regulation of Investigatory Powers Act 2000 (form and
duration of authorisations and notices for obtaining and disclosing
communications data) insert—
"23A
Authorisations requiring judicial approval
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(1)
This section applies where a relevant person has—
(a)
granted or renewed an authorisation under section 22(3), (3B) or
(3F), or
(b)
given or renewed a notice under section 22(4).
(2)
The authorisation or notice is not to take effect until such time (if any)
30
as the relevant judicial authority has made an order approving the
grant or renewal of the authorisation or (as the case may be) the giving
or renewal of the notice.
(3)
The relevant judicial authority may give approval under this section to
the granting or renewal of an authorisation under section 22(3), (3B) or
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(3F) if, and only if, the relevant judicial authority is satisfied that—
(a)
at the time of the grant or renewal—
(i)
there were reasonable grounds for believing that the
requirements of section 22(1) and (5) were satisfied in
relation to the authorisation, and
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Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 2 — Safeguards for certain surveillance under RIPA
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(ii)
the relevant conditions were satisfied in relation to the
authorisation, and
(b)
at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 22(1) and (5) are satisfied in relation
5
to the authorisation.
(4)
The relevant judicial authority may give approval under this section to
the giving or renewal of a notice under section 22(4) if, and only if, the
relevant judicial authority is satisfied that—
(a)
at the time of the giving or renewal of the notice—
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(i)
there were reasonable grounds for believing that the
requirements of section 22(1) and (5) were satisfied in
relation to the notice, and
(ii)
the relevant conditions were satisfied in relation to the
notice, and
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(b)
at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 22(1) and (5) are satisfied in relation
to the notice.
(5)
For the purposes of subsections (3) and (4) the relevant conditions are—
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(a)
in relation to any grant, giving or renewal by an individual
holding an office, rank or position in a local authority in
England, Wales or Scotland, that—
(i)
the individual was a designated person for the purposes
of this Chapter,
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(ii)
the grant, giving or renewal was not in breach of any
restrictions imposed by virtue of section 25(3), and
(iii)
any other conditions that may be provided for by an
order made by the Secretary of State were satisfied,
(b)
in relation to a grant, giving or renewal, for any purpose
30
relating to a Northern Ireland excepted or reserved matter, by
an individual holding an office, rank or position in a district
council in Northern Ireland, that—
(i)
the individual was a designated person for the purposes
of this Chapter,
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(ii)
the grant, giving or renewal was not in breach of any
restrictions imposed by virtue of section 25(3), and
(iii)
any other conditions that may be provided for by an
order made by the Secretary of State were satisfied, and
(c)
in relation to any other grant, giving or renewal by a relevant
40
person, that any conditions that may be provided for by an
order made by the Secretary of State were satisfied.
(6)
In this section—
“local authority in England” means—
(a)
a district or county council in England,
45
(b)
a London borough council,
(c)
the Common Council of the City of London in its
capacity as a local authority, or
(d)
the Council of the Isles of Scilly,

Protection of Freedoms Bill
Part 2 — Regulation of surveillance
Chapter 2 — Safeguards for certain surveillance under RIPA
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“local authority in Scotland” means a council constituted under
section 2 of the Local Government etc. (Scotland) Act 1994,
“local authority in Wales” means any county council or county
borough council in Wales,
“Northern Ireland excepted or reserved matter” means an
5
excepted or reserved matter (within the meaning of section 4(1)
of the Northern Ireland Act 1998),
“Northern Ireland transferred matter” means a transferred matter
(within the meaning of section 4(1) of the Act of 1998),
“relevant judicial authority” means—
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(a)
in relation to England and Wales, a justice of the peace,
(b)
in relation to Scotland, a sheriff, and
(c)
in relation to Northern Ireland, a district judge
(magistrates’ courts) in Northern Ireland,
“relevant person” means—
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(a)
an individual holding—
(i)
an office, rank or position in a local authority in
England or Wales, or
(ii)
an office, rank or position in a local authority in
Scotland (other than an office, rank or position in
20
a fire and rescue authority),
(b)
also, in relation to a grant, giving or renewal for any
purpose relating to a Northern Ireland excepted or
reserved matter, an individual holding an office, rank or
position in a district council in Northern Ireland, and
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(c)
also, in relation to any grant, giving or renewal of a
description that may be prescribed for the purposes of
this subsection by an order made by the Secretary of
State or every grant, giving or renewal if so prescribed,
a person of a description so prescribed.
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(7)
No order of the Secretary of State—
(a)
may be made under subsection (6) unless a draft of the order
has been laid before Parliament and approved by a resolution of
each House;
(b)
may be made under this section so far as it makes provision
35
which, if it were contained in an Act of the Northern Ireland
Assembly, would be within the legislative competence of the
Northern Ireland Assembly because it deals with a Northern
Ireland transferred matter.
23B
Procedure for judicial approval
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(1)
The public authority with which the relevant person holds an office,
rank or position may apply to the relevant judicial authority for an
order under section 23A approving the grant or renewal of an
authorisation or (as the case may be) the giving or renewal of a notice.
(2)
The applicant is not required to give notice of the application to—
45
(a)
any person to whom the authorisation or notice which is the
subject of the application relates, or
(b)
such a person’s legal representatives.