Interception of communications Flashcards
What is the primary purpose of state surveillance according to Article 8?
To protect national security or prevent/detect a crime.
What safeguards should be in place to prevent unreasonable intrusion?
- Remedy for the citizen
- Strict control over the type of interception
- Control over who has the authorization to intercept
Before 1985, under what conditions could telephone tapping or mail interception occur?
- If the crime was ‘serious’
- Normal methods had failed
- Strong belief that evidence would lead to conviction
What significant ruling led to the introduction of the Interception of Communications Act (ICA) 1985?
The ECtHR ruling in Malone v UK (1985) that existing warrant procedures violated Article 8.
What was the outcome of Malone’s case in the High Court?
Malone lost his case as the ECHR did not give rise to enforceable rights in English Law at the time.
What did the ECtHR require from the UK government following Malone’s case?
To introduce legislation to regulate and provide guidance on acceptable interference.
What did the bugging devices operate outside of before legislative control?
The control of the courts, relying only on administrative guidelines for police.
In Khan (Sultan) 1996, what was the ruling regarding the use of evidence obtained through bugging?
Although there was a breach of Article 8, it was outweighed by police compliance with guidelines and the seriousness of the offence.
What does the Police Act 1997 allow regarding bugging?
It provides a broad basis for allowing bugging.
Who can issue a warrant for bugging under the Police Act 1997?
The Chief Constable or an officer of the rank of Assistant Chief Constable or above.
What is required for prior authorisation under the Police Act 1997?
- When property is believed to be a dwelling
- If information likely contains confidential personal information
- If matters are subject to legal privilege
What does the Regulation of Investigatory Powers Act 2000 (RIPA) repeal?
The Interception of Communications Act 1985.
What is made an offence under Section 1 of RIPA?
To intentionally and without lawful authority intercept communications by a postal service or telecommunications system.
Define ‘serious crime’ as per RIPA.
An offence for which a person over 21 with no previous conviction could reasonably expect to be sentenced to three years or more.
What principles does Section 67 of RIPA establish for the tribunal?
Operates on principles of ‘Judicial Review’ focusing on procedure over substance.
What does the Investigatory Powers Act (IPA) 2016 introduce regarding warrants?
A ‘double lock’ for the most intrusive powers requiring both Home Secretary and judicial approval.
What is the purpose of communications data as defined in the IPA?
Information about someone’s communications rather than the contents.
Who can access communications data under the IPA?
- GCHQ
- Foods Standard Agency
- Other public bodies with senior figure authorization
What is meant by ‘equipment interference’ under the IPA?
Hacking into computers or devices to gather information.
What is required for bulk warrants under the IPA?
Must be granted for reasons of crime or national security.
What is a key evaluation point regarding the statutory framework provided by the IPA?
It improves the previous situation by providing a statutory framework for privacy infringements.
How has the UK’s approach to using intercept evidence in court been described?
Reluctant to use it as it could undermine the case.
What was the first instance of interception being used in court in England?
The conviction of Mary, Queen of Scots, in 1586 based on intercepted mail.
R v Edmondson
The defendant had been charged with unlawfully conspiring to intercept communications communications.
