3B.4.3 Interception of communications

Question 1

What article does RIPA and IPA restrict?

Answer 1

Article 8 - the right to private and family life.

Question 2

Regulation of Investigatory Powers Act 2000

Answer 2

It puts into place a complex structure of regulation over a number of forms of surveillance.

This includes:
- Grounds for using the powers
- Authority for granting the use of the powers
- Available mechanisms of challenge to the use of the powers

Question 3

s32(2)(a) RIPA 2000

Answer 3

Allows for authorisation of intrusive surveillance by the Secretary of State if it is considered necessary.

Question 4

s32(3) RIPA 2000

Answer 4

Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary:
a) In the interests of national security
b) For the purpose of preventing or detecting serious crime
c) In the interests of economic well-being of the UK

The power must be exercised proportionately.

Question 5

Official Secrets Act 1989

Answer 5

The Official Secrets Act 1989 sets out the specific categories of public servants who are covered by a legal duty not to disclose sensitive information.

• Those working in security and intelligence (s 1), defence (s 2), international relations (s 3), crime and special investigations (s 4) will be unable to rely on the protection of Article 10 if disclosing such information.

Question 6

Investigatory Powers Act 2016

Answer 6

The Investigatory Powers Act updated the regulatory framework of the security services.

creates a new framework to govern the use and oversight of investigatory powers by law enforcement, security and intelligence agencies.

• It governs together all the powers relating to the agencies involved in obtaining communications data.
• It introduces a double-lock for interception warrants so that the authorisation of the Secretary of State must be approved by a judge.
• It allows for appeals against tribunal decisions.
• It also – controversially – allows for the hacking and accessing of mobile phone and computers of private individuals and access to the data. The power to collect bulk data, which is used indiscriminately regardless of any reasonable suspicion of wrong-doing, is highly controversial.
• The Act also creates a mechanism for monitoring, including the creation of a commissioner who is tasked with overseeing that the powers are used correctly.
• Any interference

Question 7

Halford v UK (1997)

Answer 7

The interception of a claimant’s private telephone calls by her employer was a breach of her Article 8 rights. She was pursuing a sex discrimination claim against her employer when she was put under surveillance. This was a serious breach of her rights.