Interception of communications

Question 1

Which article is this relevant for?

Answer 1

Article 8

Question 2

Halford v UK

Answer 2

Police officer accused senior officer of sexual assault so the force intercepted her phone calls.
This was an arbitrary (unfounded) interference with her article 8 rights.

Question 3

Regulation of investigatory Powers Act 2000 (RIPA)

Answer 3

Grounds for granting authorisations are if the interception is:
> Necessary - s.32(2)(a) RIPA
> Proportionate - s.32(2)(b) RIPA
> In the interest of national security - s.32(3)(a)RIPA
> In the interests of detecting serious crime s.32(3)(b) RIPA
>In the interests of the economic well-being of the UK - s.32(3)(c) RIPA

Question 4

Role and jurisdiction of the tribunal s.65(2)(a) RIPA

Answer 4

Legal challenges under s.7 HRA are only possible through the tribunal- NOT the usual court system.

Question 5

Investigatory powers tribunal

Answer 5

> Not part of the normal courts or tribunal system.
Exists to allow challenges to the covert operations of the security services and the police.
Usually a paper exercise instead of an oral hearing.
No further appeals possible under domestic law.
Further appeals may be possible to the ECHR.

Question 6

Official secrets act 1911 an 1989

Answer 6

Specific groups of public servants have a legal duty not to share information they come across at work.

These include the security services, defence, international relations, crime and special investigations.

These people cannot rely on article 10 freedom of expression in relation to this information.

Question 7

RIPA was amended by the investigatory powers act (IPA) 2016:

Answer 7

> New framework of surveillance work of security and intelligence agencies.
Gathers together all powers relating to agencies who collect communications data.
Includes a “double lock” so that any interception of communications has to be doubly authorised to prevent abuse of powers (judge and secretary of state).
IPA is very controversial but it yet to be challenged by the ECtHR - it may be found to be a breach if a case arises.
Under s.23 IPA, any warrants for intercepting communications required the approval of judicial commissioners.
Under s.67 IPA, appeals against tribunal decisions are possible.