Regulation of Investigatory Powers Act (RIPA) 2000 Flashcards
Q: What is the role of RIPA?
Governs the way police carry out surveillance and other covert investigatory activities against private citizens.
It is a piece of Human Rights legislation- people have the right to a private life, without interference from the state (A8).
RIPA is concerned with ensuring the right under A8 is not unjustifiably or illegally infringed in any particular case. It balances the right to a person’s right to privacy against the state’s legitimate aim to protect and promote the rights of others.
Primarily concerned with covert activities.
Q: When may someone’s A8 right be infringed?
The right to privacy in A8 can be infringed in certain circumstances. A8 is a qualified right and not an absolute right. It can be interfered with if proportionate and necessary to do so in the interests of:
- National security
- Public safety
- The economic wellbeing of the country
- The prevention of disorder or crime
- Protection of health or morals
- For the protection of the rights and freedoms of others.
Q: What is covert surveillance?
Surveillance the subject does not know is being carried out on them. The person’s behaviour is un-likely to be regulated or changed.
Q: What may happen if RIPA is breached?
Individuals who believe their rights have been unnecessarily infringed can bring claims before the Investigatory Powers Tribunal, seeking compensation and other remedies against the agency at fault.
