The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
For information on the overarching regime for scrunity of the use of powers under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016.
The Investigatory Powers Tribunal (IPT) has jurisdiction to consider and determine complaints in relation to the conduct and use of covert surveillance by public authorities including UK intelligence agencies. Broadly speaking, ‘conduct’ covers a public authority exercising its powers to use covert surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA 2000). RIPA 2000, s 65(5) as amended by IPA 2016 contains a detailed list of what constitutes ‘conduct’ for the purposes of the jurisdiction of the IPT.
For example, the IPT investigates complaints about the conduct by or on behalf of the police, Security Service, the Secret Intelligence Service and UK Government Communications Headquarters (GCHQ). It is the only tribunal against which complaints about the intelligence services can be directed.
Note that despite the amendments made to the jurisdiction of the IPT under IPA 2016, the IPT continues to have jurisdiction over functions of public authorities exercised under RIPA 2000 while the relevant provisions of RIPA 2000 remain in force.
The complaints which the IPT may hear include:
actions by the intelligence services
actions relating to conduct in connection
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