Offences and Powers Relating to Information Flashcards
Freedom of information how quick does the correspondence have to be
The 20th Working day from the date of receipt of the request.
Freedom of information can a fee be charged for the information
Yes
Freedom of information can a request for information ever be refused
Yes - If the cost of producing or the volume of information requested is excessive.
Who are the responsible bodies in MAPPA
Police, Probation, Home Secretary
Computer misuse what are the three key things that complete the offence
They cause a computer to access information, the information they intend to access is unauthorised they know at the time it is unauthorised
Does the access to the computer system have to be unauthorised or just an unauthorised use of the data
Access has to be unauthorised.
Unauthorised access to the computer - Does reading information of the screen count towards unauthorised access.
No - You have to access the data
Can computer misuse act be attempted
No summary only offence.
Can you cause damage to a computer using a virus
No - The damage caused will not be classed as damage unless it causes a physical change to the hard drive etc.
What is Part 1 of RIPA
Intercept of Communications
What is Part 2 of RIPA
Covert Surveillance
Who may apply for an intercept warrant
Chief of Police or Director General
Who may authorise interception warrant
The secretary of State or in urgent cases a senior official authorised by the secretary of state.
What is the Duration of an Intercept Warrant
3 Months for Serious Crime
6 months for international mutual assistance, National Security and Safeguarding the Economic Wellbeing
What is the Duration of an urgent interception warrant
Up to 5 days
Is a person who volunteers information to the Police a CHIS
NO
Can CHIS authorisations cover activity carried out - outside the UK
YEs
How can a Superintendent authorise a CHIS
Either orally or Written
How can an Inspector authorise a CHIS
Urgent if it is not reasonably practicable to seek a Superintendent. This is authorised in writing only
Who can authorise the use of a CHIS under the age of 18
The ACC when used as a source
The Cheif when knowledge of confidential information is likely to be acquired.
Who can authorise a relevant source - UC’s
Thee ACC unless they are a long-term source.
Who can authorise the urgent use of a UC
The urgent use may be granted by a Superintendent
Who can authorise the long term use of a UC and what is classed as long term use
Over 12 months and the Cheif Constable
Can a juvenile be tasked as a CHIS against their parents
Yes if the they have obtained the age of 16 and it is necessary and proportionate.
How long is a Chis aothorised it it is by a Superintendent in writing
12 months
How long is aCHIS authorised if it is a person under 18 byt the ACC
1 month
How long is a CHIS authorised by an inspector urgent
72 hours
How long is a CHIS authorised by a Superintendent orally only
72 hours.
How long can a Superintended in writing authorise directed surveillance
3 months
How long can a Superintended authorise directed surveillance orally
72 hours
How long can an Inspector authorise directed surveillance in witing
72 hours.
How long can the Cheif authorise intrusive surveillance
3 months written 72 orally.
Who must be notified if intrusive surveillanceis used
Survellience commissioner.
When does intrusive surveillance become authorised
When it has been agreed by the suervellience autority.
