Regulation of intelligence gathering

Regulation of intelligence gathering

A range of statutory obligations regulate the acquisition, retention, examination and dissemination of private material by public authorities for intelligence purposes. These include:

1. •

   Investigatory Powers Act 2016 (IPA 2016)

2. •

   Regulation of Investigatory Powers Act 2000 (RIPA 2000)

3. •

   Human Rights Act 1998 (HRA 1998)

4. •

   Intelligence Services Act 1994 (ISA 1994)

5. •

   Security Service Act 1989 (SSA 1989)

6. •

   Computer Misuse Act 1990 (CMA 1990)

7. •

   Wireless Telegraphy Act 2006 (WTA 2006)

8. •

   Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018, SI 2018/356

The purpose of IPA 2016 is to set out 'the extent to which certain investigatory powers may be used to interfere with privacy'.

IPA 2016 does not provide a statutory definition of ‘investigatory powers’, and there is no such definition in previous legislation. For practical purposes, however, the term ‘investigatory powers’ is generally taken to be equivalent to ‘surveillance powers’, with particular emphasis on surveillance that is covert (ie unknown