HR - A.8 - Interception of communications Flashcards
What article links to the interception of communications?
Article 8, the right to privacy
Is A.8 a qualified right? what does this mean?
Yes, which means it can be interfered with in specific circumstances. For example, about national security or to prevent a crime.
When can interference with A.8 be lawful?
if it is based on an accessible law (available to everyone) which is necessary and has a legitimate aim.
Which act is RIPA?
Regulatory Investigatory Powers Act 2000
What did RIPA make a criminal offence?
it is a criminal offence for a person to intentionally, and without lawful authority, intercept communications in the UK by a public telecommunication system.
What does RIPA define communications data as?
Not including the content (what was said or written) but instead the who, when and where of a communication.
What act is the IPA?
Investigatory Powers Act 2016
What does IPA say an interception of communication is?
is listening to calls made on the phone or opening and reading someone’s emails/letters.
What guidelines does IPA set out?
When it is acceptable to intercept communications
(IPA Guidelines) What must you have to intercept communications? who needs to sign it?
A warrant signed by the security of state and approved by a judicial commissioner
(IPA Guidelines)
What must the secretary of state think the warrant is in order to sign it?
Necessary, because it is in the interest of the state, it prevents crime or safeguards the economy
(IPA Guidelines)
What has to be proven to get the warrant?
That is is necessary and proportionate. So you have checked all other reasonable alternatives and that this is the last resort, they must provide evidence. And this is a proportional use of the legislation for a needed action
What does Section 15 RIPA state?
Limits the disclosure, copying and retention of intercepted communications to be limited to the bare minimum necessary for an authorised purpose. So it can be kept for national security, preventing crime and safeguarding the economy.
What can s.15 RIPA not be used for?
Admissible evidence, it can only help investigations.
What is the NSA?
National security Act 2023
What does the NSA state?
It will treat journalists like spies if they disclose secret information
What did the NSA join together?
replaced most acts relating to the Official Secrets Acts apart from the Official Secrets Act 1989.
Did the NSA implement any law commission recommendations?
It implemented many changes recommended by the law commission, but it still does not offer a public interest defence.
What is a public interest defence?
where people can argue in a court it was of public interest to know
What is the OSA?
Online Security Act 2023
What did the OSA do?
made it so tech companies can now remove security features without alerting the user, this was to monitor crimes against children, like bullying or grooming. Although, it makes it easier for the government to see our information.
