Interception of Communications Essay Flashcards
To intercept communications what do you need?
A warrent approved by the security of state and a high judge.
What does RIPA make unlawful?
Intentionally intercepting without lawful authority
What do you need to do to get this warrant?
Your actions need to be seen as justifiable interference and they need to be seen as necessary and proportionate.
When is interception considered necessary?
When there is a reason like national security or to prevent crimes
What makes interception proportionate?
How long you will be intercepted, how they will intercept, how proportional the interception is to what you are trying to achieve (catch a drug dealer vs stopping terrorism). Also, all other alternatives must have been considered.
How long can the government/ public body keep your data?
Only while the case is open and you are still considered an active threat or a suspect. The moment you have been removed as a threat your info needs to be removed or deleted.
Where are the rules for interception of communications kept?
In RIPA and IPA acts, which are basically the same document but in 2016 the government rewrote the sections which the ECtHR ruled incompatible.
What did IPA incease?
The qualifications to get a warrant to lawfully intercept.
What does the government constantly collect?
Bulk information, however they cannot actually read this information until you are considered a threat/ a point of concern. At which point your information will be targeted until you are no longer considered a threat.
What rights does interception of communications interfer with?
A.5, A.6, police powers and A.8
What are the rules about using interceptions of communications in a trial?
You cannot use interceptions as evidence in court, you can only use them to create leads to then get concrete evidence.
When will interception of communications truely breach A.8?
When they are kept for longer than needed/ necessary.
