Legislation
Protecting human rights
The Regulation of Investigatory Powers Act 2000 (RIPA) is compliant with the Human Rights Act 1998.
RIPA maintains compliance by imposing strict conditions for public authorities’ use of the interception of communications and covert surveillance and their access to communications data from communication service providers.
Necessary and proportionate
‘Proportionate’ means the person granting the authorisation must believe that intruding upon someone’s privacy through surveillance is proportionate to the desired outcome. The possibility of accidentally intruding upon the privacy of people other than the target must also be considered.
Importantly, covert surveillance is considered excessive and not proportionate if the information that is sought could reasonably be obtained by less intrusive means.
Safeguarding against abuse of investigatory powers
Several bodies have been set up to monitor covert surveillance activity to ensure it does not encroach upon our right to privacy and to hold public authorities to account for any misconduct.
The Commissioners who have oversight authority for interception, communications data, covert surveillance and the intelligence services report directly to the Prime Minister and publish annual reports on their findings.
Interception of Communications Commissioner
The Commissioner reviews warrant applications made to the Secretary of State to ensure that interception is carried out lawfully and that intercepted material is properly handled.
The Commissioner makes additional checks by visiting the intelligence, law enforcement agencies and communications service providers involved in interception and examining a selection of interception warrants with the officers responsible.
Sir Paul Kennedy is the current Interception of Communications Commissioner. He also oversees the authorisation and use of communications data that is available (in specific, limited circumstances) under RIPA to a wider group of public authorities.
Office of Surveillance Commissioners (OSC)
Surveillance Commissioners ensure that covert surveillance and covert human intelligence sources are used in accordance with RIPA, the 1997 Police Act and the Regulation of Investigatory Powers (Scotland) Act 2000. All commissioners hold, or have held, high judicial office.
To carry out checks, Surveillance Commissioners inspect notifications, renewals and cancellations of authorisations for property interference, intrusive surveillance and directed surveillance.
Sir Christopher Rose is the current Chief Surveillance Commissioner. Find out more about the Office of Surveillance Commissioners (new window).
Intelligence Services Commissioner
The Intelligence Services Commissioner ensures that warrants authorising covert surveillance and interference with property are issued appropriately by the Secretary of State.
Like the Interception Commissioner, the Intelligence Services Commissioner reviews warrant applications and visits the Security Service and other agencies to discuss cases in more detail. The Commissioner must be given access to all requested documents and information.
Sir Peter Gibson is the current Intelligence Services Commissioner.
The Investigatory Powers Tribunal (IPT)
If individuals believe that public authorities have used covert techniques inappropriately they can take their case to the IPT.
The IPT investigates complaints about anything an individual believes has taken place against them, their property or communications, as long as it relates to a RIPA power used by the organization they are complaining about.
If it determines that there has been a contravention of the RIPA safeguards it is required to notify the complainant and make a report to the prime minister. It may, if appropriate, quash any warrant or authorisation, order the destruction or relevant material or order compensation.
The IPT is independent of government, it does not report to any government department and no government minister is responsible for its functions or performance.
Its work and the number of complaints it has determined is set out in the published annual reports of the Interception of Communications and the Intelligence Services Commissioners.
Lord Justice Mummery is the current President of the Investigatory Powers Tribunal. Find out more about the Investigatory Powers Tribunal (new window).
Complaints
You can lodge a human rights-related complaint with the IPT by completing Form T1 (new window) (relevant circumstances, intelligence agencies and public authorities are listed within).
The IPT also deals with non human rights-related complaints about use of investigatory powers by the intelligence services and public authorities.
You can lodge a non human rights-related complaint with the IPT by completing Form T2 (new window) (relevant circumstances, intelligence agencies and public authorities are listed within).
