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 authorising communications interception, communications data surveillance and covert surveillance.
Necessary and proportionate
To protect human rights, authorisations to conduct surveillance can only be granted when such activity is considered necessary and proportionate.
‘Necessary’ means the person granting an authorisation must believe that surveillance is necessary in the circumstances of the particular case.
‘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, 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 surveillance activity to ensure it doesn’t encroach upon our right to privacy and to hold public authorities to account for any misconduct.
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 Security Service and other agencies and examining a selection of interception warrants with officers responsible for related investigations.
Sir Paul Kennedy is the current Interception of Communications Commissioner.
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. All commissioners hold, or have held, high judicial office.
To carry out checks, Surveillance Commissioners inspect all notifications, renewals and cancellations of authorisations for property interference and intrusive surveillance.
The Rt Hon 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)
The IPT deals with complaints where individuals believe their human rights have been infringed by the intelligence services or, in circumstances relating to surveillance, public authorities.
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).
