HR - A.8 - Interception of communications

Question 1

What article links to the interception of communications?

Answer 1

Article 8, the right to privacy

Question 2

Is A.8 a qualified right? what does this mean?

Answer 2

Yes, which means it can be interfered with in specific circumstances. For example, about national security or to prevent a crime.

Question 3

When can interference with A.8 be lawful?

Answer 3

if it is based on an accessible law (available to everyone) which is necessary and has a legitimate aim.

Question 4

Which act is RIPA?

Answer 4

Regulatory Investigatory Powers Act 2000

Question 5

What did RIPA make a criminal offence?

Answer 5

it is a criminal offence for a person to intentionally, and without lawful authority, intercept communications in the UK by a public telecommunication system.

Question 6

What does RIPA define communications data as?

Answer 6

Not including the content (what was said or written) but instead the who, when and where of a communication.

Question 7

What act is the IPA?

Answer 7

Investigatory Powers Act 2016

Question 8

What does IPA say an interception of communication is?

Answer 8

is listening to calls made on the phone or opening and reading someone’s emails/letters.

Question 9

What guidelines does IPA set out?

Answer 9

When it is acceptable to intercept communications

Question 10

(IPA Guidelines) What must you have to intercept communications? who needs to sign it?

Answer 10

A warrant signed by the security of state and approved by a judicial commissioner

Question 11

(IPA Guidelines)
What must the secretary of state think the warrant is in order to sign it?

Answer 11

Necessary, because it is in the interest of the state, it prevents crime or safeguards the economy

Question 12

(IPA Guidelines)
What has to be proven to get the warrant?

Answer 12

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

Question 13

What does Section 15 RIPA state?

Answer 13

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.

Question 14

What can s.15 RIPA not be used for?

Answer 14

Admissible evidence, it can only help investigations.

Question 15

What is the NSA?

Answer 15

National security Act 2023

Question 16

What does the NSA state?

Answer 16

It will treat journalists like spies if they disclose secret information

Question 17

What did the NSA join together?

Answer 17

replaced most acts relating to the Official Secrets Acts apart from the Official Secrets Act 1989.

Question 18

Did the NSA implement any law commission recommendations?

Answer 18

It implemented many changes recommended by the law commission, but it still does not offer a public interest defence.

Question 19

What is a public interest defence?

Answer 19

where people can argue in a court it was of public interest to know

Question 20

What is the OSA?

Answer 20

Online Security Act 2023

Question 21

What did the OSA do?

Answer 21

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.