Communication Interception

Question 1

What UK statutes cover communication interception and what are there main roles?

Answer 1

• Interception of Communications Act 1985 (Malone v UK) - replaced by RIPA
• Regulation of Investigatory Powers Act 2000 - initial framework for investigatory powers, rules on state interfere of correspondence and surveillance
• Investigatory Powers Act 2016 - adds greater protection to RIPA (commission, permission, double locked procedure, legally privileged material)

Question 2

What is the law on intercepting communications without consent or warrant?

Answer 2

• S.1 = unlawful to intercept communication without consent/warrant
  –> S.1(1) = via postal or public telecommunication systems
  –> S.1(2) = via private telecommunication systems

Question 3

What is the law on intercepting communication with a warrant

Answer 3

• S.5 = interception is lawful if warrant is issued by Secretary of State
  –> S.5(2) = Sec of State only interfere if necessary and proportionate

Question 4

What section of RIPA 2000 limits warrant applications

Answer 4

Section 6

Question 5

What does S.26-48 of RIPA 2000 cover?

Answer 5

Covert and intrusive surveillance

Question 6

What is the law on grounds/reasons for intrusive surveillance?

Answer 6

• S.32 = grounds/reasons for intrusive surveillance
  –> S.32(a) = prevent serious crime
  –> S.32(b) = protect national security
  –> S.32(c) = protect countries economic wellbeing

Question 7

What does the law state on resolving disputes of communication interception?

Answer 7

• s.65(2)(a) = reviews/complaints in tribunal not open Ct (Liberty v Secret Services, Home Office v UKIP)