Equipment interference under the Investigatory Powers Act 2016
Produced in partnership with Carolina Bracken of 5 Paper Buildings
Equipment interference under the Investigatory Powers Act 2016

The following Corporate Crime guidance note Produced in partnership with Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:

  • Equipment interference under the Investigatory Powers Act 2016
  • Targeted equipment interference and targeted examination warrants
  • Equipment data
  • Subject matter of warrants
  • Power to issue warrants
  • Approval of warrants by Judicial Commissioners and urgent warrants
  • Privileged material
  • Journalistic material
  • Modification of warrants
  • Implementation of targeted equipment interference warrants
  • more

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and it overhauls the legal framework governing the use of covert surveillance by public bodies, a framework which had been largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Data Retention and Investigatory Powers Act 2014.

The provisions that govern the powers to interfere with equipment and property are set out in IPA 2016, Pt 5. The provisions of IPA 2016 are being brought into force in a piecemeal fashion, so practitioners need to take care to verify that the particular provisions they are concerned with are in force. For example, on 31 May 2018, the ability of the Secretary of State to decide to issue targeted equipment interference warrants and targeted examination warrants following an application by or on behalf of the head of an intelligence service or the Chief of Defence Intelligence, and of Judicial Commissioners to approve those decisions came into force. Also brought into force were the additional safeguards that may apply when deciding to issue targeted equipment interference warrants and targeted examination warrants and the requirement that satisfactory arrangements for the disclosure and retention of material are in place in relation to the warrant.

On 27 June 2018, the provisions of IPA 2016 which relate