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) overhauls 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).
This Practice Note has been updated to reflect the position under RIPA 2000 as well as the changes made by IPA 2016.
There are three types of surveillance techniques available to local authorities:
the acquisition and disclosure of communications data (such as telephone billing information or subscriber details)
directed surveillance (covert surveillance of individuals in public places), and
covert human intelligence sources (CHIS) (such as the deployment of undercover officers)
Local authorities use covert techniques in support of their statutory functions where they are responsible for enforcing the law in respect of: environmental crime; consumer scams; loan sharks; taxi cab regulation; underage sales of knives, alcohol, solvents and tobacco; and the employment of minors. CHIS and directed surveillance techniques are used in test purchase operations to investigate the sale of tobacco, alcohol and other age-restricted products. See Local authority prosecution powers—overview and accompanying Practice Notes for more detail.
While the use of directed surveillance and CHIS remain largely governed by RIPA 2000, the acquisition, disclosure and use of communications data is set out in IPA 2016, Pt 3. See Practice Notes: Acquisition and disclosure of communications
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