Investigatory Powers Bill becomes UK Law

Related Sector: Investigations

The long awaited Investigatory Powers Bill often referred to as the Snooper’s Charter, received Royal Assent on the 29th November 2016. Not all powers and provisions in the Act will come into effect straight away.

                                                    
 
The Act repeals and replaces Part 1, Chapter 2 of RIPA (acquisition and disclosure of communications data) but does not replace Parts 2 and 3 of RIPA. Therefore the existing regime for covert surveillance, the use or conduct of a CHIS, and the investigation of electronic data protected by encryption (for example on a laptop) will remain.
 
The Act contains in the region of 270 sections and 10 schedules.
 
Key points include:

• Providing a new legal framework for the interception of communications and the acquisition and disclosure of communications data.

• Require internet and communication service providers (CSP’s) to retain customer’s Internet connection records (which websites were visited but not the particular pages and not the full browsing history) for up to 1 year.

• Require companies to assist police and security services in hacking or bugging computers and phones.  

• The retention and examination of bulk personal datasets by security and intelligence agencies.

• Allow ministers the power to sign off warrants for intrusive surveillance.

• Creation of an Investigatory Powers Commissioner who will oversee a panel of judges, who will be given the power of veto.

• Local Authorities will still be able to obtain communications data (after prior judicial approval).

• Removes the power of benefit fraud investigators to use the Social Security Administration Act 1992 to obtain communications data.

Bond Solon will be offering courses on the Investigatory Powers Act from early 2017. Please email info@bondsolon.com to register interest and we will send updates and full details of the training when available.