Intrusive Surveillance

Key points

  • Intrusive methods such as eavesdropping are used in some investigations.
  • Subject to strict legal controls.
  • Scrutinised by the Intelligence Services Commissioner.

One of the recurring myths about the Security Service is that we "bug and burgle" as we please. This is not true.

The Service does use intrusive investigative methods, such as eavesdropping in a target's home or vehicle. However, our use of such methods is subject to a strict control and oversight regime.

To install an eavesdropping device in a target's home, for example, we need to apply to a Secretary of State (invariably the Home Secretary) for a warrant under Part II of the Regulation of Investigatory Powers Act 2000 (new window) (RIPA) to authorise the intrusion on the privacy of the target.

In most cases we must also apply for a "property warrant" under the Intelligence Services Act 1994 (new window) to authorise any interference with the target's property necessary to install the device covertly. As with interception, we must convince the Secretary of State that what we are proposing to do is both necessary and proportionate.

The rules for using surveillance techniques or interfering with property are explained in the Code of Practice on Covert Surveillance. Unlike interception, the product from an eavesdropping attack can be used in court as evidence.

Our use of warrants authorising intrusive surveillance is monitored by the Intelligence Services Commissioner, who produces an annual report on his findings. Past reports can be downloaded from the page linked above.