How police bug and hack crime barons

MORE than 100 covert operations were staged in Scotland in the past year to secure secret information on drug-traffickers, The Scotsman has learned.

Police and other agencies used electronic specialists to hack into encrypted information held on computers, mobile phones and BlackBerries.

In 11 operations, the authorities planted bugs in cars and houses or used undercover officers with listening devices to get the information they needed.

Scots law-enforcement agencies also used the techniques in three kidnap and extortion cases, and to target three gangs suspected of organised illegal immigration.

In previous years, police in Scotland targeted significant numbers of terrorism suspects, but in 2007-8 this dropped from nine – the number in 2005-6 and 2006-7 – to just two.

The computers and mobile phones of 118 suspected terrorists were hacked into by the authorities, part of a total of 2,493 covert operations.

The figures were contained in the 2007-8 report of the Chief Surveillance Commissioner and laid before the Scottish Parliament.

Some operations can last a considerable time. Operation Folklore, for example, resulted in the 2007 conviction of James Stevenson, Scotland's premier drug dealer, but this involved a three-year surveillance operation in Scotland, Portugal, Spain and the Netherlands.

Detective Chief Inspector Alan Cunningham, from the Scottish Crime and Drug Enforcement Agency, said surveillance was a very useful tool for police forces.

"Those involved in serious organised crime are increasingly sophisticated in their methods, both at committing crime and attempting to evade capture," he said.

Most forms of police surveillance do not need prior approval from the Surveillance Commissioner, but can be given the go-ahead by a senior authorising officer in each police force or agency.

More intrusive forms of surveillance, involving break-ins to personal property or the placing of bugs in cars, need prior authorisation from the commissioner – although this can be given retrospectively in urgent cases, particularly where kidnap or extortion is involved.

The commissioner did rebuke ministers in London and Edinburgh, however, for failing to bring forward new legislation dealing with advances in technology. Mike Rumbles, for the Liberal Democrats, said:

"I am calling on the Scottish Government to do what the commissioner has asked them to do.

"This is not just something for one government, it's for both governments and it needs to be tackled to deal with the increasing level of drugs crime."

The Scottish Government said provisions to amend the law would be included in the criminal justice bill, to be published next month.

Caught in the act: the four types of surveillance

1 Directed surveillance: This is a type of covert surveillance where police, intelligence agencies and other authorities follow an individual in public and record their movements. It can be commissioned by an authorising officer in the force concerned. It will then be checked by the commissioner who will decide whether it was necessary. It can be done in urgent situations without prior approval, but it would then need retrospective approval by an authorising officer.

2 Intrusive surveillance: This is a much more invasive technique. This would usually involve placing bugs or recording devices in someone's car, or in their house or office.

As this normally involves breaking into somebody's property, the Surveillance Commissioner must be notified and give his approval except in emergencies, when this can be done retrospectively.

3 Covert Human Intelligence Sources: This form of surveillance uses undercover officers or specially tasked witnesses to gather information.

Often they will be wired up to record conversations and will have to talk to the targets to get information which can then be used in court.

Approval can be granted by an authorising officer and notified to the commissioner afterwards.

4 Electronic encryption: This is the most modern form of surveillance and the most rapidly expanding field for the authorities.

It involves everything from hacking into files on personal computers to downloading information from mobile phone memory cards.

Judicial approval has to be sought in most of these cases.