The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note is not being maintained. For information on the scrutiny of intelligence gathering, see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016.
The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the existing legal framework governing the use of covert surveillance by public bodies, a framework which at present is largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000).
For a detailed review of the background which led to the introduction of IPA 2016, as well as an overview of the key provisions of IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide.
The provisions of IPA 2016, Pt 8, which relate to the scrutiny of interception are in force. IPA 2016 created a more powerful independent Investigatory Powers Commission (IPC) to oversee the use of these powers. The IPC merges the offices of Interception of Communications and Surveillance and Intelligence Services Commissioners and is responsible for reviewing warrants and how they are used; conducting in-depth reviews of the agencies and their work and for publishing statistics, annual reports and guidance on interception, communications data and equipment interference powers. See Practice Note: Scrutiny of intelligence gathering and the role of
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