State Surveillance Flashcards
Act for bugging
Police act 1997
s93(2)
-authorisation issued if action expected to be of substantial value in the prevention and detection of serious crime
-objective cant be achieved by other means
s97
-certain circumstance prior approval of the commissioner is needed before surveillance starts
-dwelling, bedroom in hotel or office
RIPA
Regulations of investigatory powers act 2000
s1 RIPA
-offence to intentionally and without lawful authority
-intercept communications by post or telecommunications
s3 RIPA
interception will be lawful if done with consent or with a warrant
s5-16 RIPA
-power to issue a warrant is home secretary
-application must come from a list of people specified e.g. GCHQ
-only if deemed necessary by Home Secretary for purposes in s5(3) and proportional to what is sought to be achieved s5(2)
s5(3) RIPA
Specified Purposes
-national security
-preventing or detecting serious crime
-safeguarding UK economic wellbeing
-international mutual assistance
s8 RIPA
Content
-warrant must specify target, contain information about addresses
s9 RIPA
Duration
-Initial period 3 months from issue
-can be renewed
s65
only route to complaint is through tribunals
Supervision
independent interception of communications commissioner
s67
-tribunals operates on principle of judicial review
-procedure rather than substance
-if tribunals find impropriety, they can quash warrant, order destruction of info or award compensation
Statistics of RIPA
since 2000
-20000 warrants
-2.7 million requests for communications data or location data
s26 RIPA
3 types of behaviour
s26- intrusive surveillance, monitoring you at home
s26(2)- directed surveillance, monitoring in public
s26(8)- covert human intelligence
R v Stagg
Relationship
