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 practice 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

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 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 which previously had been contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and other legislation.

For information on the oversight arrangements which were in place 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

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