Regulation of Investigatory Powers (Scotland) Act 2000
| Jurisdiction | Scotland |
| Citation | 2000 asp 11 |
| Year | 2000 |
directed surveillance;intrusive surveillance; andthe conduct and use of covert human intelligence sources.for the purposes of a specific investigation or a specific operation;in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation) ; andotherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Act to be sought for the carrying out of the surveillance.is carried out in relation to anything taking place on any residential premises or in any private vehicle; andinvolves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.(4) For the purposes of this Act surveillance is not intrusive to the extent that it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle.is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle; butis carried out without that device being present on the premises or in the vehicle,references to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (7) below, or is incidental to anything falling within any of those paragraphs; andreferences to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.establishes or maintains a personal or other relationship with another person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c) below;covertly uses such a relationship to obtain information or to provide access to any information to another person; orcovertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship.surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;a purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; anda relationship is used covertly, and information obtained as mentioned in subsection (7) (c) above is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.(9) In this section “private information”, in relation to a person, includes any information relating to the person’s private or family life.(10) References in this section, in relation to a vehicle, to the presence of a surveillance device in the vehicle include references to its being located on or under the vehicle and also include references to its being attached to it.(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(10) The decisions of the F54Investigatory Powers Commissioner or, subject to section 16 below, any F55other Judicial Commissioner (including decisions as to jurisdiction) shall not be subject to appeal or liable to be questioned in any court.
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