Obtaining authorisations for communications data for local councils—checklist

Published by a LexisNexis Corporate Crime expert
Checklists

Obtaining authorisations for communications data for local councils—checklist

Published by a LexisNexis Corporate Crime expert

Checklists
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STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes.

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 should be read in conjunction with Practice Note:

RIPA 2000 requirements

RIPA 2000 requirements are:

  1. prior authorisation of directed surveillance

  2. prohibit the council from carrying out intrusive surveillance

  3. authorisation of the conduct and use of a covert human intelligence source (CHIS)

  4. safeguards for the conduct and use of a CHIS

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Jurisdiction(s):
United Kingdom

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