Investigatory Powers Review Call for Evidence

The Equality and Human Rights Commission considers that the Regulation of Investigatory Powers Act 2000 (RIPA) needs significant reform.

Firstly, the structure of the protections in the Act is no longer fit for purpose: it establishes a series of tiers of protection based on distinctions between content data/communications data; and internal/external communications which no longer adequately reflect privacy concerns or the intrusiveness of the powers in question.

Secondly, in relation to targeted interception warrants there are issues around the breadth of the definition of ‘national security’ and the role of the Investigatory Powers Tribunal in ensuring effective oversight, though these are less serious than the issues relating to external communications and communications data.

Thirdly, in respect of interception of external communications, the section 8(4) regime is apparently capable of capturing a vast amount of people’s every-day internet use, email and telephone activity. There are strong arguments that the regime fails to meet the minimum standards required for compliance with Article 8 of the European Convention on Human Rights (ECHR).

Fourthly, the regime for obtaining communications data under Chapter II of RIPA contains fewer, probably insufficient, safeguards despite the fact that communications data can in fact be as revealing and intrusive into personal privacy as content data. Clear and precise rules need to be established in order to regulate the receipt and use of communications data held by private companies in order to comply with Articles 8 and 10.

Finally, the current oversight arrangements have not demonstrated that they are effective in achieving accountability in relation to interception of communications and the Commission is of the view that a new regime of independent authorisation should be devised.

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Investigatory Powers Review Call for Evidence. (PDF)

Investigatory Powers Call for Evidence (Word)

Last Updated: 16 Oct 2014