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LESSON 5

CHAPTER J. Detection

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189 - 191 -2

Data analytics

Guidelines for assessing capacities

This function requires

Capacities	Main issues and sample questions
Enabling Environment
Social, economic and political context: -Capacity to detect corruption	Political will is required to allow the ACA to undertake intrusive detection of corruption activities. Sample questions: Is the political establishment supportive of special techniques to detect corruption? Have any political parties suggested passing new legislation to facilitate the detection of corruption?
Institutional arrangements and coordination mechanisms: -Capacity to collaborate closely with the Prosecutor’s Office -Capacity to share intelligence among agencies	Usually ACAs do not have the final say on whether a case can be brought before the courts. A good understanding is essential between the Prosecutor’s Office and the ACA on corruption cases under investigation and points to proof. Data analytics is premised on close coordination between all agencies involved. Sample questions: Is any MoU in place with the Prosecutor’s Office? Are any human resources shared between the anti-corruption agency and the Prosecutor’s Office? Are any MoUs in place with other intelligence gathering agencies? Are any other institutions involved in data mining? Is intelligence shared between different institutions involved in intelligence gathering or data mining?
Legal framework: -Capacity to glean points to proof from the law. -Capacity to gather intelligence	Legislation is required on evidence in penal cases, on privacy and data protection. In some countries, this legislation may be lacking and needs to be developed for the ACA to work in a strictly legal context.
Legal framework: -Capacity to glean points to proof from the law -Capacity to gather intelligence -Capacity to do data analytics	Sample questions: Is there an evidence act or piece of legislation that clearly defines the points to proof for every corruption offence? Is there legislation and rules and procedures for gathering intelligence through intercepts, surveillance, informants, etc.? Is there any legislation on the right to privacy? How does it affect the detection of corruption? Is there any data protection legislation? Is there any law on state secrets which may hamper the gathering of intelligence? Is there legislation on data analytics?
Accountability: -Capacity to detect corruption in full conformity with the law	Detecting corruption can be an intrusive process. The necessary checks and balances need to be in place to ensure full compliance with human rights law. Sample questions: Are any oversight bodies involved in ensuring there are no human rights violations in the course of detecting corruption? Is there any national human rights institution in the country? Have they ever received any complaints about breaches of privacy?

Organizational level
Leadership: -Capacity to undertake detection activities	Considering the sensitive nature of detection, approval by senior management is generally required. Sample questions: Is the leadership supportive of detection of corruption activities?
Strategic planning: - Capacity to plan the necessary resources for the detection of corruption	Corruption detection is resource intensive. Sample questions: What does the strategic plan and work plans say about detection of corruption? What budget is allocated for the detection of corruption?
Organizational structure: -Capacity to detect corruption and safeguard intelligence	ACAs usually have specialized units for intelligence gathering, discreet enquiries, or data analytics. Data protection in the ACA will avoid leakage of sensitive information. Sample questions: What division is responsible for detecting corruption?
Human resource management: -Capacity to undertake detection activities	Corruption detection requires specialized staff. Sample questions: How many staff are assigned to detect corruption? What are the main responsibilities of these staff?
Knowledge and information management: -Capacity to share intelligence within the organization	Any information gathered through intelligence activities, discreet enquiries or data analytics should be adequately stored and searchable. Sample questions: What systems are in place to share any gathered intelligence?
Monitoring and evaluation: -Capacity to monitor and evaluate the contribution of the detection activities	ACAs can optimize their detection capacity if they monitor and evaluate their practices in order to improve them. Sample questions: Does the anti-corruption agency monitor and evaluate its detection activities? What are the success stories in terms of detection? What has been the overall contribution of detection activities to the anti-corruption agency’s work?
Training and mentoring: - Capacity to undertake detection in accordance with the law	Specialized training is required for staff undertaking detection of corruption activities. Sample questions: Are all staff involved in the detection of corruption properly trained on techniques and applicable legislation? Is any mentoring taking place (or required) in the case of detection of corruption?

Individual level
Technical capacities: Legal knowledge about all possible corruption offences. Ability to use interception technologies. Ability to do data analytics. Ability to undertake surveillance actions. Ability to write intelligence reports. Ability to integrate gathered intelligence in a computerized case management system.

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