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 practice 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
  • Secretary of State
  • Law enforcement chiefs
  • Approval of warrants by Judicial Commissioners and urgent warrants
  • Privileged material
  • Journalistic material
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, allows the temporary appointment of Judicial Commissioners during the COVID-19 pandemic and alters the time limits in place for approval by the Judicial Commissioners of urgent targeted and bulk interception warrants, urgent targeted and bulk equipment interference warrants, urgent bulk warrants for the acquisition of communications data and urgent bulk personal dataset warrants. See: CA 2020, ss 22 and 23 and Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020, SI 2020/360. For updates on key developments and related practical guidance on the implications of COVID-19 for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Practice Note: Coronavirus (COVID-19) toolkit.

The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of covert surveillance by public bodies. This framework previously had been largely, but not exclusively, contained in 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.

A Code of Practice on Equipment Interference was laid before Parliament in draft form on 18 December 2017 and came into force on 8 March 2018. This Code relates to the exercise of

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