Richard Hanstock

This Practice Note explains the how communications data can be lawfully obtained, retained and disclosed by public authorities under Part 2, Chapter 2 of the Investigatory Powers Act 2016. It explains when communications data can be acquired without an interception warrant, the authorisations required for the acquisition of communications data, the safeguards in place to ensure that these powers are used appropriately and the offence of unauthorised disclosure of communications data.

This Practice Note explains the framework for the use by public authorities of covert human intelligence sources (CHIS), directed surveillance and intrusive surveillance under Part II of the Regulation of Investigatory Powers Act 2000 (RIPA 2000). It explains who can give authorisation and how this is done. It also includes information on the CHIS Revised Code of Practice.

This Practice Note explains the power to obtain communication data by interception warrant under Part 2, Chapter 1 of the Investigatory Powers Act 2016 (IPA 2016). It explains the offence of unlawful interception of communications data under IPA 2016, s 3 which includes phone tapping or phone hacking) and explores what constitutes ‘lawful authority’ for the purposes of intercepting communications data. This Practice Note also explains the procedure for obtaining an interception warrant, a mutual assistance warrant or a bulk interception warrant and how intercepted communications can be used in legal proceedings.

This Practice Note covers the powers of public bodies under the Part III of the Regulation of Investigatory Powers Act 2000 (RIPA 2000) to require the disclosure of electronic data which is protected by encryption (protected electronic data) and the offence of failing to comply with a disclosure of encryption key notice (a section 49 notice). It includes when the power to demand the decryption of encrypted information or the power to require the provision of an encryption key arise, who can authorise the demand, the requirements of such notices as well as how disclosure and encryption key notices are enforced. The Practice Note also explains the statutory defences and penalties in respect of a conviction for the offence of failing to comply with a decryption or an encryption key notice or tipping-off in respect of a decryption or an encryption key notice.

This Practice Note explains the powers and process of the Investigatory Powers Tribunal (IPT) created under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) as amended. It explains the purpose and scope of the Investigatory Powers Tribunal, the procedure to make complaints to the Tribunal, the decisions it is empowered to make and how to appeal against a decision of the IPT.

This Practice Note explains the legal framework for the use of directed surveillance and covert human intelligence sources (CHIS) and obtaining electronic data protected by encryption under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). The RIPA 2000 regime for the interception of communications and the acquisition and use of communications data was repealed and replaced by the Investigatory Powers Act 2016 (IPA 2016) and this Practice Note provides background information on these regimes. The regime relating to the use of direct surveillance and CHIS and obtaining electronic data protected by encryption remain governed by RIPA 2000.

This Practice Note explains the statutory powers of local authorities to carry out covert surveillance or obtain communications data under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It explains which covert surveillance powers are available to local authorities, the use of surveillance cameras and CCTV with reference to the Surveillance Camera Code of Practice, surveillance inspection and practice and the making of applications for authorisations for the acquisition of communications data. The Practice Note also explains the impact of the Protection of Freedoms Act 2012 on surveillance.

This Practice Note provides an introduction to the legal framework governing the use of covert surveillance powers by public bodies, specifically considering the requirements of the Investigatory Powers Act 2016 (IPA 2016) and the Regulation of Investigatory Powers Act 2000 (RIPA 2000). It provides an explanation of key terms as well as explaining what is meant by communications data, interception, covert human intelligence sources (CHIS), equipment interference, ISA warrants and authorisations and equipment keys. It also introduces how challenges may be brought against the use of investigatory powers by public bodies.

This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It explains the authorisations and safeguards required for the use of covert human intelligence sources (CHIS), authorisation for directed surveillance, authorisation for the acquisition of data and the impact of failing to obtain the required authorisations.