Interception of Communications

Question 1

Halford

Answer 1

There should be no ‘arbitrary’ interference with article 8 rights

Question 2

RIPA 2000

Answer 2

Necessary, proportionate and in interests of national security, detect serious crime or economic well-being

Question 3

Necessary

Answer 3

s.32(2)(a)

Question 4

Proportionate

Answer 4

s.32(3)(b)

Question 5

Interest of national security

Answer 5

s.32(3)(a)

Question 6

Detect serious crime

Answer 6

s.32(3)(b)

Question 7

Economic well being

Answer 7

s.32(3)(c)

Question 8

Tribunals

Answer 8

Under s.65(2)(a) allows legal challenges under s.7 HRA only through tribunal system not courts

Question 9

Investigatory Powers Act 2016

Answer 9

Surveillance and interception allowed but double lock (permission of judge and sec if state needed) but allows full access to data without suspicion

Question 10

s.23 IPA

Answer 10

Creates judicial Commissioner to issue warrants. S.67A appeals can be made against tribunal decisions

Question 11

IPC

Answer 11

Investigatory Powers commission oversees IPA (created by s.227 IPA), includes understanding of public servants obligations under Official Secrets Act and tension between this and human rights protectors

Question 12

Investigatory powers tribunal

Answer 12

Outside courts, exists to challenge covert police operations, no domestic appeals, only to ECtHR