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Source legislation and reviews for the Investigatory Powers Draft Bill

Legislation

Police and Criminal Evidence Act 1984 (PACE)

  • Requirements expanded to protect journalists’ sources (following IoCC Report Feb 2015)

Security Service Act 1989

  • Use of ‘bulk personal datasets’ (BPD)

Intelligence Services Act 1994

  • Bulk equipment interference
  • Use of BPD
  • Established Intelligence Security Committee (ISC)

s. 94 Telecommunications Act

  • bulk communications data acquisition (and other stuff?)

Police Act 1997

  • Interference with equipment based on general property interference powers

Regulation of Investigatory Powers Act 2000 (RIPA)

  • Interception of content (in transit and stored on a telecommunications system) –incl, postal communications
  • Bulk interception
  • collection of communications data
  • use of agents, informants, undercover officers;
  • electronic surveillance of private buildings and vehicles;
  • following people; and gaining access to encrypted data

Anti-terrorism Crime and Security Act 2001

  • Allowed for voluntary code of conduct re retention of data

Privacy and Electronic Communications (EC Directive) Regulations 2003

  • Implementing ePrivacy Directive

Wireless Telegraphy Act 2006

  • Interception of wireless telegraphy

Data Retention (EC Directive) Regulations 2007 SI 2007/2199

  • Implemented Data Retention Directive with regard to fixed network and mobile telephony
  • Data Retention (EC Directive) Regulations 2009 SI 2009/859
  • Additional provisions re internet access, internet telephony and email Regulation of Investigatory Powers (Communication Data) order 2010
  • Re RIPA s22

Justice and Security Act 2013 (JSA)

  • Amendment of ISC powers

Counter Terrorism and Security Act 2015 (CTSA)

  •  IP address resolution (purposes limited)/ retention of communications data

Data Retention and Investigatory Powers Act 2014 (DRIPA)

  • Response to invalidation of Data Retention Directive
  • Retention of communications data (meta data) – obligations on overseas companies
  • Privacy and Civil Liberties Oversight Board
  • Amendment of RIPA

Data Retention Regulations 2014

Protection of Freedoms Act 2012

  • Amends PACE and the Crime and Security Act 2010 regarding databases concerning personal information (DNA, fingerprints)
  • Rules regarding processing of biometric data of children
  • Amends Freedom of Information Act, widening the rules on applying for and receiving datasets from public authorities for re-use
  • Provisions for code of practice for CCTV and number plate recognition
Relevant Codes of Practice

Acquisition and Disclosure of Communications Data, 2007, revised 2015

Code of Practice for Covert Surveillance, 2010

  • applies to every authorisation of:
  • covert surveillance or
  • entry on or interference with property, or
  • interference with wireless telegraphy
  • carried out under section 5 of the Intelligence Services Act 1994, Part III of the Police Act 1997, or Part II of the Regulation of Investigatory Powers Act 2000

Covert Surveillance and Property Interference Code of Practice 2014 (under s 71 RIPA)

  • Also covers s 5 ISA and Part III Police Act
  • It replaces 2010 code

Code of Practice for the Interception of Communications, 2010

  • powers and duties conferred or imposed under Chapter I of Part I of the Regulation of Investigatory Powers Act 2000

Code of Practice for Investigation of Protected Electronic Information, 2010

Codes of Practice for Acquisition and Disclosure of Communications Data 2015

  • code applies to relevant public authorities within the meaning of RIPA under s. 25
  • it replaces previous codes
  • guidance on the procedures to be followed when acquisition of communications data takes place under Part 1, Chapter II RIPA

Code of Practice for Retention of Communications Data, 2015

  • relates to the powers and duties conferred or imposed under Part 1 of the Data Retention and Investigatory Powers Act 2014 (‘DRIPA’) and the Data Retention Regulations 2014 – some parts also apply to those which adopted voluntary code of conduct under Anti-Terrorism, Crime and Security Act

Interception of Communications and Equipment Interference, 2015 (draft)

Draft bills

The Draft Communications Data Bill 2012 (CDB)

Reviews

Anderson Investigatory Powers Review (2015)

ISC Privacy and Security Report (2015)

RUSI Independent Surveillance Review (2015)