Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016
Produced in partnership with Carolina Bracken of 5 Paper Buildings
Scrutiny of intelligence gathering and the role of commissioners 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:

  • Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016
  • Role of the Investigatory Powers Commissioner and other Judicial Commissioners under IPA 2016
  • Investigation and information powers of the IPC
  • Additional functions of the IPC
  • Reporting
  • Codes of Practice
  • The Investigatory Powers Tribunal

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauls the existing legal framework governing the use of covert surveillance by public bodies, previously contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and other legislation.

For information on the oversight arrangements under RIPA 2000, see Practice Note: Scrutiny of interception under RIPA 2000 [Archived].

IPA 2016, Pt 8 establishes the office of the Investigatory Powers Commissioner (IPC), who is supported by other Judicial Commissioners. IPA 2016, Pt 8 is intended to provide some independent oversight of the use of the powers contained elsewhere in IPA 2016, in part in response to concerns as to the broad scope of those powers.

The IPC amalgamates three Commissioners into a single, more powerful role: the Intelligence Services Commissioner, the Interception of Communications Commissioner, and the Chief Surveillance Commissioner. Other Acts are amended accordingly. As of 1 September 2017, the offices of the Interception of Communications Commissioner, the Intelligence Services Commissioner, the Chief Surveillance Commissioner and other Surveillance Commissioners and the Scottish Chief Surveillance Commissioner and other Scottish Surveillance Commissioners were abolished and the Investigatory Powers Commissioner and other Judicial Commissioners take on the functions exercised by the commissioners they replace. From 1 September 2017, the IPC had oversight of interception carried out under RIPA 2000, Pt I (Chapter