RIPA (REGULATION OF INVESTIGATORY POWERS ACT) Flashcards
Who can intercept mail,phone calls etc
Under an interception warrant granted by Secretary of State
Done if necessary in interests of national security
For purpose of preventing or detecting serious crime
For purpose of safe guarding economic well being of uk
Part 1 RIPA COMMUNICATIONS
Chapter 1- INTERCEPTION
Criminal offence to intentionally and without legal authority to intercept - mail,public telephone,private telephone
What types of crime can an interception warrant be granted to prevent?
One for which a person 21yrs of age or over could be sent to prison for 3yrs or more OR
That the conduct involves the use of violence,results in substantial financial gain or is conduct by a large number of people in pursuit of common purpose
What can an interception warrant cover?
Any thing sent to or from a person or single set of premises
Can you talk about interception warrant? Or use material in court proceedings?
No. Don’t talk about it.
In very exceptional circumstances t can be disclosed to a prosecutor or judge
Part 1-COMMUNICATION
Chapter 2- PRIMARY LEGISLATION GOV ACCESS TO COMMUNICATIONS ACT
Refers to ANPR
DATA GENERATED BY USE OF A COMMUNICATION SERVICE
Part 2 RIPA IS SURVEILLANCE AND CHIS
Covers volume areas of surveillance and CHIS
What is intrusive surveillance?
This is covert ie undercover surveillance that
A)is carried out in relation to residential premises or private vehicle
B)involves presence of a person in premises or vehicle or done by a device
What is directed surveillance?
This is covert ie undercover and done
A)for purposes of a specific investigation
B)in such a manner as is likely to result in the obtaining of private info about a person
C)otherwise than in an immediate response to events that authorisation would not be practicable to be sought
A lot of police surveillance of crime hotspots is directed and therefore RIPA needed
Part 3 INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRIPTION
Basically people have to hand over any passwords to any encrypted material when requested to do so
Done in interests of public safety
Prevent and detect crime
Economic well being of UK
Part 4- SCRUTINY OF INVESTIGATORY POWERS
Basically all the covert activity is scrutinised by THE OFFICE OF SURVEILLANCE COMMISSIONERS appointed by prime minister
Part 5 - Miscellaneous
Can now extend to NI
Only done by weighing up scope of operation against gravity and extent of proposed mischief
Activity is appropriate and only way of obtaining necessary result
Person making application should be person with greatest knowledge of the case
