BBC
TELEVISION LICENSING

POLICY ON THE AUTHORISATION AND OPERATION OF
DETECTION EQUIPMENT UNDER THE REGULATION OF
INVESTIGATORY POWERS ACT 2000

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[Internal detail removed]

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A.   Purpose

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The purpose of this policy is to set out the process involved in granting,
renewing and cancelling authorisations under the Regulation of Investigatory
Powers Act 2000 (the Act) and the Regulation of Investigatory Powers (British
Broadcasting Corporation) Order 2001 (SI 1057) (the Order) as relevant to the
use of detection equipment in relation to television receivers.

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Authorisations relate to the detection of television receivers which is
surveil ance that:

(i)
is carried out by means of apparatus designed or adapted for the
purpose of detecting the installation or use in any residential or other
premises of a television receiver  (s27A(1) of the Act as inserted by
article 2 of the Order); and

(ii)
is carried out from outside those premises exclusively for that purpose
(section 27A(1) of the Act as inserted by article 2 of the Order).

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The conduct that is authorised by an authorisation for the detection of
television receivers is any conduct that:

(i)
consists of the carrying out of the detection of television receivers; and

(ii)
is carried out by the persons described in the authorisation in the
circumstances described in the authorisation  (s27A of the Act as
inserted by article 3 of the Order).

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Authorisation procedures wil  be consistent, as far as practicable,  with the
relevant parts of the Home Office Code of Practice on Covert Surveil ance.

B.   Relevant parties

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Under the  Service Provision Agreement of 1st  July 2012, Capita Business
Services Ltd (“Capita”) is the service provider authorised to operate detection
equipment.

C.   Policy
1.
Authorisation granting process

1.1  The authorisation granting process is as follows:

•
No detection wil  be carried out unless it is covered by a current
authorisation.

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link to page 6 •
The BBC requires that Capita provide a satisfactorily completed
authorisation request form and relevant underlying information as set
out  in  section 6.4  on  record keeping below  and that all relevant
information supporting the BBC’s assessment should be accurate and
up-to-date.

•
The request form must set out details of the occupier’s name if known,
the  premises,  postcode area  or postcode areas and the ground or
grounds as to why the application is believed to be necessary and
proportionate (as set out in section 3 below).

•
Capita should present authorisation requests to the BBC a minimum of
6 working days prior to when the authorisation is needed to be
effective. The authorisation comes into effect as soon as it is signed.

2.
Granting of authorisations

2.1  The granting of authorisations must be carried out in accordance with s27A of
the Act (as inserted by article 3 of the Order).1 In all cases, authorisations
should be given sufficient consideration and there should be evidence of this
consideration. The Authorising Officer should seek to authorise or reject the
request within a target of 5 working days of receiving the paper copy from the
Capita administrative assistant. The policy recognises that on occasion due to
workload this target may not be met.

2.2  The Order states that anyone performing the role of Head of Sales or Head of
Marketing  within the Television Licence  Management Unit (TV Licensing
Management Team, TVLMT) or anyone more senior in TVLMT can grant an
authorisation  (s27A (2)).  In practice this is limited to the Head of Revenue
Management,  Senior  Head of Communications and Policy  and the  Portfolio
Head of Marketing (or, should position titles change, persons which perform
the equivalent functions) as the positions fulfil ing the roles with power to grant
authorisations in accordance with the Order and therefore act as Authorising
Officer.

2.3  The authorisation must specify:

i)
the  date on which the Authorisation wil  be due for review (the “Review
Date”),  [Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act]

ii)
the date on which the Authorisation wil  be due for expiry (the “Expiry
Date”),  [Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act]


1 Note that section 27A covers who can grant an authorisation, what an authorisation can cover and
requires that detection is necessary and proportionate. Compliance with this policy wil  ensure
compliance with section 27A.

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3.
Relevant considerations for granting and renewing authorisations

3.1  The Authorising Officer shall not grant an authorisation for detection unless he
or she believes that:

(i)
the authorisation is necessary for the purposes of preventing or
detecting crime constituting a TV  licensing offence or assessing or
collecting sums payable to the BBC pursuant to Part 4 of the
Communications Act 2003; and

(ii)
the conduct that is authorised is proportionate to what is sought to be
achieved by carrying it out (s27A (3)(a)&(b) of the Act as inserted by
article 3 of the Order).

3.2  The necessity and proportionality test must be satisfied before an
authorisation can be granted.

The necessity and proportionality test

3.3  The  Authorising Officer  must  believe  that  the detection activities are
necessary  and proportionate.  This involves balancing the intrusiveness of
detection at the property (the invasion of privacy of the occupants and anyone
else who may be affected) against the  need for the activity in operational
terms. The activity wil  be neither  necessary  nor  proportionate  if the
information could have been  reasonably  obtained by other less intrusive
means. Al  detection activity should be carefully managed to meet the
objective of ascertaining if a television receiver is being used to receive
television programmes and must not be arbitrary or unfair.

3.4  The below outlines the necessity and proportionality test. This is reproduced
as a flow chart in the Appendix.

3.5  If there has been a previous detection, the results of this  [Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act]
should be taken into account when determining a subsequent attempt is
proportionate.

3.6  For the use of detection to be necessary and proportionate:

[Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

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3.7  Any other factors relevant to the case at hand should also be taken into
account when considering whether detection wil  be necessary and
proportionate. These factors should be included in the authorisation form (see
‘Record Keeping’ below).

4.
[Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

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5.
Renewal, Review, Expiry and Cancellation of authorisations
5.1  Renewal

5.1.1  An authorisation may be renewed at any time before the time at which it
ceases to have effect, by any person who would be entitled to grant a new
authorisation in the same terms (i.e. to renew an authorisation, you must have
the power to have granted a new authorisation on the same terms) (s43 (4) of
the Act).

5.1.2  The same factors that must be considered when granting an authorisation
must also be considered when renewing an authorisation (s 43(5) of the Act
as modified by article 4 of the Order states that section 27A of the Act (as
inserted by article  4 of the Order) applies to renewals as well as the initial
granting of an authorisation).

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5.1.3  In addition, when renewing an authorisation, the following  factors must be
included as part of that decision making process:

(i)  the use made of detection equipment in the period since the grant or last
renewal of the authorisation; and

(ii)  the tasks given to the detector van equipment during that period and the
information obtained from the conduct or use of the detector van operator
(s43(4)(6)&(7) of the Act).

5.1.4  In practice, we wil  consider the above to be satisfied if the results of the
detection were used for the purposes of preventing or detecting crime
constituting a TV licensing offence or assessing or collecting sums payable to
the BBC pursuant to Part 4 of the Communications Act. This shows that our
use of detection results is relevant to necessity and proportionality.

5.2  Review

5.2.1  Authorisations must be subject to ongoing review and should be cancelled as
appropriate.

5.2.2  Before the Review Date, Capita must ensure that the relevant Authorising
Officer receives -

i.  an electronic version of a request to review the authorisation (a “Review
Request”) and details of attempts made before the submission of the
request; or

ii.  an application for cancellation of the authorisation from the Capita
Detection Administrator (a “Cancellation Application”) and details of
attempts made before the submission of the request

-  if the authorisation has not already been cancelled

5.2.3  On the date the Review Request is submitted, Capita must –

i.
suspend the authorisation; and

ii.
ensure that no further detection attempts are made until the Review
Request has been authorised.

5.2.4  Authorisations can only be reviewed  by an Authorising Officer. The
Authorising Officer should seek to authorise or reject a Review Request within
a target of 5 working days from receiving it. This  policy recognises that on
occasion this target may not be met due to workload.

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5.3  Expiry
5.3.1  Al  authorisations automatically lapse at the end of their specified period and a
maximum period of 8 weeks is legally allowed (s43 of the Act as modified by
article 4 of the Order). Al  authorisations wil  be for a period of 8 weeks.

5.4  Cancellation

5.4.1  Section 45(1) of the Act as modified by article 5 of the Order applies in relation
to cancellation of authorisations.

5.4.2  This process requires that the person who granted or last renewed an
authorisation shall cancel it if the authorisation is one that no longer meets the
requirements of the necessity and proportionality test.

5.4.3  If that person is not available then the cancellation should be handled by
anyone performing the role of Head of Revenue Management, Senior Head of
Communications and Policy or Portfolio Head of Marketing within the TVLMT.

5.4.4  Once the detection has been carried out, all  authorisations  should be
cancelled  (except those coming to a natural end due to the 8 week period
ending) so that a record exists of the practical  duration of the authorisation,
particularly in relation to [Redacted under section 31 (“law enforcement”)
of the Freedom of Information Act]

5.4.5  Capita is required to relay to the Authorising Officer who originally granted the
authorisation  any instances where the basis on which an authorisation has
been granted is no longer in existence as soon as it becomes aware of them.
If the original Authorising Officer is not available then see 5.9

5.4.6   Capita must ensure that the relevant Authorising Officer receives an
electronic version of a request to cancel  the authorisation  (a “Cancellation
Request”) and details of all attempts made under the authorisation before the
submission request.

5.4.7  The Authorising Officer should seek to authorise or reject the Cancellation
request within a target of 5 working days of receiving the electronic version
from the Capita administrative assistant. The policy recognises that on
occasion due to workload this target may not be met.

5.4.8  Al  authorisations should be cancelled in circumstances  including but not
limited to:

(i)
[Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

(ii)
where the work is completed more than 5 calendar days before the end
of the authorised period;

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(iii)
[Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

(iv)
[Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

(v)
where  all  target  premises  within the authorisation have become
licensed;

(vi)
where information becomes available that an offence may no longer be
being committed;

(vii)  where there is a material risk of collateral intrusion; or

(viii)  the  authorisation ceases to be necessary or proportionate for any
reason.

5.4.9  The below flowchart outlines the cancellation process:

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Cancellation flowchart
any of the following individuals appointed for this
purpose:

(a)  Anyone holding the position of Head of Revenue
The person who granted
Management, Portfolio Head of Marketing, Senior Head
or, as the case may be,
If no longer available
of  Communications and Policy,  within the TVLMT (s45 of
last renewed the
to perform that duty
the Act as modified by article 5 of the Order);
authorisation shal  cancel
the cancellation is to
be performed by …

in the first instance
(b)  A person holding a more senior position within the
(s45(1) of the Act).

TVLMT ( s45 of the Act as modified by article 5 of the
Order); or

(c)  A person holding a more senior position within the wider
BBC than was held by the person who is no longer
available (s45 of the Act as modified by article 5 of the
Order).

That individual must be
appointed for this
purpose by …
If no such person
has been

appointed for the
a)
Anyone holding the position of Head of Revenue
purpose of this
Management, Portfolio Head Marketing, Senior
function …
Head of  Communications and Policy, within the
TVLMT (s45 of the Act as modified by article 5 of the
Order);

T
b)
A person holding a more senior position within the
he person (if any) within the
BBC holding a position who has
TVLMT (s45 of the Act as modified by article 5 of the
taken over the responsibilities of
Order); or
the person who is no longer

available or the person who has
c)
A person holding a more senior position within the
taken over most of the
wider BBC than was held by the person who is no
responsibilities (s45 of the Act as
longer available (s45 of the Act as modified by article
modified by article 5 of the
5 of the Order).
Order).

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link to page 14 6.   Administrative requirements

6.1  An authorisation must be in writing (s43 of the Act as modified by article 4 of
the Order) though reviews and cancellations can be processed and recorded
electronically providing that an electronic signature is used.

6.2  Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

Operation of detection equipment

6.3  The operation of detection equipment wil  be carried out as follows:

•
Detection wil  be carried out in accordance with the authorisation.

•
The BBC requires that the operation of detection equipment wil  be
conducted in accordance with Capita’s work instructions  relating to
detection equipment (as approved by  the BBC) to ensure that all the
relevant legal and policy requirements are upheld.

•
Detection may only be carried out from outside any residential or other
premises to detect installation or use of a television receiver (article 2 of
the Order).2

•
[Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

•
Only employees who are authorised in accordance with the Service
Provision Agreement and who have been signed off as fully trained by
the Detection Equipment Manager  may operate detection equipment.
That training is to be updated at least every 2 years or more often in
case of changes to technology, law or policy.


2 Pursuant to s48 of RIPA, a 'residential premises' does not include 'any common area to which [the
resident] has or is allowed access in connection with [their] use or occupation'. Detection may therefore
be conducted from common areas (e.g. landings, stairs).

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link to page 15 •
An audit of each party’s records wil  be carried out by the relevant legal
or internal audit teams at least once a year unless a reduced frequency
of audit is agreed with the legal or internal audit teams.

•
Any sensitivities in a particular local community wil  be taken into
account.

•
The relevant police force for the area that detection is to be carried out
wil  be notified before detection takes place.

•
The  detection operator should also take into account the risk of
intrusion into the privacy of persons other than those who are directly
the subjects of the investigation (i.e.  collateral intrusion). 3  Whether
detection will impact on investigations by any other public bodies should
also be taken into account.

•
Every authorised employee must have signed a declaration relating to
privacy and confidentiality of any information gained whilst carrying out
detection before they undertake detection.

Record Keeping

6.4  The BBC requires that a central record is to be kept within the BBC offices of:

(i)
authorisations which have been granted (and any corresponding
renewals or cancellations);

(ii)
authorisations which have been rejected; and

(iii)
any corresponding background information relating to decisions taken.

6.5  Capita must keep its own records of applications submitted and related

information.

6.6  Records should be kept for a minimum period of 7  years.  Personal data

collected must be processed in accordance with the Data Protection Act 1998,

Human  Rights Act 1998  and data protection policies, procedures and

standards of the BBC.

6.7  The BBC requires that the following supporting documentation must be kept to
  enable justification (where necessary):

(i)
A cancellation of authorisation form whenever used;

(ii)
Customer letters  or any other correspondence relevant to the
proportionality test, and


3 Note that this is taken from the Home Office Code of Practice.

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(iii)
Any other relevant documentation.

Monitoring

6.8  The BBC requires that analysis of the operation of detection (its
appropriateness/the  results  etc) is to be undertaken by Capita whilst an
authorisation is active. Any issues, are to be relayed to the Service
Development Manager who wil  discuss with the Authorising  Officer the
ongoing validity of   the authorisation and who wil  decide if the authorisation
needs to be   cancelled (see ‘Cancellation of authorisations’ above).

Results of detection

6.9    [Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act]

6.10   Results of detection wil  be entered onto the detection database [Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act]

6.11  The final results of detection undertaken under  an authorisation wil  be

reported to the Service Development Manager.

Complaints

6.12  Enquiries by the Investigatory Powers Tribunal or a Judicial  Commissioner
(from the Investigatory Powers Commissioner's Office - ‘IPCO’) regarding an
authorisation granted or  detection exercised wil  be passed to the person
carrying out the role of the Head of Revenue Management, or if absent, the
person carrying out the role of Senior Head of Communications and Policy or
the  Portfolio  Head  of  Marketing.  The  Service Development  Manager should
also be informed.

6.13  Representations made directly to the BBC or its sub-contractors regarding the
use of detection are to be passed to the person carrying out the role of the
Head of Revenue Management, or if absent, the person carrying out the role
of  Senior  Head of Communications and Policy  or the Portfolio  Head    of
Marketing.

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Appendix – flow chart of necessity and proportionality test

[Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act]

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Document Outline