1 / 10

Overview of the Regulation of Investigatory Powers Act 2000

Overview of the Regulation of Investigatory Powers Act 2000. Andrew Charlesworth University of Warwick 10 June 2002. Introduction. The RIP Act is designed to meet a number of aims: To implement changes in the law required as a result of a ruling in the ECourtHR

irisa
Download Presentation

Overview of the Regulation of Investigatory Powers Act 2000

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Overview of the Regulation of Investigatory Powers Act 2000 Andrew Charlesworth University of Warwick 10 June 2002

  2. Introduction • The RIP Act is designed to meet a number of aims: • To implement changes in the law required as a result of a ruling in the ECourtHR • To bring modern communications interception fully within a statutory framework • To provide the police and other agencies with new powers with regard to encrypted communications • To implement Art. 5 of EU Directive 97/66/EC concerning the processing of personal data and protection of privacy in the telecoms sector.

  3. ECHR - Interception • The RIP Act repeals the Interception of Communications Act 1985 (IOCA) • IOCA was originally designed to meet the standards required by the ECourtHR in the Malone case – interception by state. • IOCA did not apply to private sector regulation & monitoring which was unregulated. • The ECourtHR in the Halford case held that private sector interception could be a breach of Art 8. EConventionHR.

  4. ECHR - Interception • Halford case – interception of calls from telephones in Halford’s office were a breach of her "private life" and "correspondence" under Article 8 (1) ECHR • As her employer had not informed her that calls from those phones might liable to interception, she had a reasonable expectation of privacy in relation to them. • No legal redress for her to pursue her case against her employer, meant there was a violation of Article 13 ECHR (failure to provide an effective domestic remedy)

  5. Interception Powers • The main purpose of the Act is to ensure that investigatory powers are used in line with human rights. • It thus intersects with the Data Protection Act 1998 and the Human Rights Act 1998. • It deals with • interception of communications • acquisition of communications data • intrusive surveillance, covert surveillance in the course of specific operations, use of covert human intelligence sources

  6. Interception Powers • For each of these powers, the Act provides for: • the purposes for which they may be used; • which authorities can use the powers; • who should authorize each use of the power; • the use that can be made of the material gained; • independent judicial oversight; • a means of redress for the individual.

  7. Encryption • The Act contains provisions “to maintain the effectiveness of existing law enforcement powers in the face of increasing criminal use of encryption”. • Specifically, it introduces a power to require disclosure of encrypted data. • The encryption provisions were originally part of the Electronic Communications Bill, but were left out of the resulting Act due to their controversial nature.

  8. Legislation • The RIP Act 2000 received Royal Assent in July 2000 - in force in October 2000. • It covers the interception of communications made via • public postal systems, • public telecoms systems • private telecoms systems (including computer communications). • It applies to England, Wales, Scotland (with minor exceptions) and N. Ireland.

  9. Legislation • Public telecoms systems are any “telecoms service which is offered or provided to, or to a substantial section of, the public in … the UK”. • This would include fixed line providers, mobile service providers and ISP’s. • "Private telecom systems" are any telecoms system that is not a public telecoms system but is attached to such a system. • This would include internal telephone networks that are linked to a public telecoms system by a private exchange and internal computer networks connected to the Internet. • Thus institutional telecoms networks, and computer networks are covered by the Act.

  10. Overview • Large parts of the Act are of relevance only to police and related state agencies. • However, institutional interception and monitoring of communications must conform with the Act & its regulations. • Data must also be collected and held in line with the DPA 1998. • Institutions should be aware of • their rights and obligations when required by police to intercept & monitor communications • their rights and obligations with regard to encrypted materials

More Related