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:
The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert surveillance by public bodies, a framework which was largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The Investigatory Powers Act 2016—an introductory guide.
The Financial Conduct Authority (FCA) is authorised to carry out surveillance to collect information in the prevention and detection of crime. These powers are:
to acquire data in respect of communications (see Practice Note: Acquisition and disclosure of communications data under the Investigatory Powers Act 2016)
to carry out covert surveillance which may be recorded (see Practice Note: Covert intelligence sources)
to use informants (covert intelligence sources or covert human intelligence source (CHIS)), see Practice Note: Covert intelligence sources) and
to require encryption keys or passwords to access electronic data (see Practice Note: Investigation of encryption protected electronic data under RIPA 2000)
The FCA is not entitled to obtain a warrant to intercept communications in the course of transmission. This means that it is not allowed to listen to and record the content of telephone calls. This was the position under RIPA 2000 and remains the case under IPA 2016.
RIPA 2000 set out a framework for the requisition, provision and handling of communications data.
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
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BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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