Communication Interception

Question 1

Acts covering communication interception

Answer 1

• Interception of Communications Act 1985 (Malone v UK) - replaced by RIPA
• Regulation of Investigatory Powers Act 2000 = initial framework for rules on surveillance and state comms interception - amend by IPA
• Investigatory Powers Act 2016 = greater protection (double lock procedure, extra permission, commission overseeing power, protection of legally privileges materials)

Question 2

Regulation of Investigatory Powers Act 2000

Answer 2

• S.1 = unlawful communication interception without warrant/consent
  –> S.1(1) = via public/postal or telecommunication
  –> S.1(2) = via private telecommunication
• S.5 = Sec of State warrant makes legal
  –> S.5(2) = only interfere if nec + prop
• S.6 = limits people who can apply for warrants
• S.26-48 = covert + intrusive surveillance
• S.32 = grounds/reasons for intrusive surveillance
  –> S.32(a/b/c) = prevent serious crime, protect national security/economic wellbeing
• S.65(2)(a) = reviews/complaints in tribunal, not open Ct (Liberty v Sec Serv, Home Office v UKIP)