REGULATION OF INVESTIGATORY POWERS ACT 2000 RIPA

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(No Transcript)
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REGULATION OF INVESTIGATORY POWERS ACT 2000
(RIPA)
Richard Riley Organised and International Crime
Directorate
NICC - 21 November 2000
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OICD
Responsibility for Home Office Aim
3 Prevention of terrorism, reduction in other
organised and international crime and protection
against threats to national security
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Issues

• Context
• Overview
• RIPA powers
• Implementation

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Context - RIPA drivers

• ECHR
• Human Rights Act 1998 - in force from 2 October
  2000
• Technological change
• Benefits for all - including criminals

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Context - HRA implications

• Must be a legislative framework
• Law must be specific - reasons for interference
• Interference must be necessary to achieve the aim
• Other considerations -proportionality, collateral
  intrusion
• Oversight and redress mechanisms

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Overview - RIPA provisions

• Interception of communications
• Acquisition of communications data
• Directed surveillance
• Intrusive surveillance
• Covert sources
• Access to protected electronic data
• Oversight mechanisms
• Complaints tribunal

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Interception - Part I Chapter I

• Secretary of State authorisation
• Strict criteria
• Covers all Communications Service Providers
  (incl. ISPs)
• Oversight by Commissioner
• Redress by Tribunal
• Interception for lawful business practice

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Interception capability

• Section 11 (duty to take reasonable steps in
  respect of individual warrants)
• Section 12 (imposition of a permanent intercept
  capability requirement)

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Section 12 requirement

• Parliament approves structure of Technical
  Advisory Board (TAB)
• Secretary of State establishes TAB
• Secretary of State consults on draft section 12
  order
• Parliament approves generic section 12 order
• Secretary of State discuss draft notices with
  selected CSPs
• Secretary of State serves notice on selected CSP
• CSP refers notice to the TAB
• TAB advises on technical and financial issues
• Final and binding decision

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Communications data - Part I Chapter II

• Replaces s.29 Data Protection Act 1998 for
  specified public authorities
• Statutory requirement to provide data in response
  to properly authorised notice
• Considerations, basis for applications specified
  in law
• Oversight provided by independent audit team
• Complaints to Tribunal
• Definition designed so as not to include content
  of communications

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Access to protected data - Part III

• Difficult balance
• Encryption is vital to e-commerce
• but also a boon to criminals
• Law enforcement prognosis is gloomy
• Existing powers deficient
• Package of measures needed - including new powers

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Access to protected data

• No new power to obtain material
• Power (s.49) to require the disclosure of
  protected material in an intelligible form
• Only applies to lawfully obtained material
• Statutory tests must be specifically authorised
• Extra tests for access to keys
• Associated offences
• Specific safeguards

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RIPA Implementation

• Part II (Surveillance and Covert Sources) 25
  September 2000
• Part I Chapter I (Interception of
  Communications) 2 October 2000
• Part IV (Commissioners and Tribunal) 2
  October 2000
• Part I Chapter II (Accessing communications
  data) Easter 2001?
• Part III (Access to protected data) Late 2001?

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RIPA - to come

• Consultation on three codes of practice (Part II
  and Part I Chapter I ) - 17 November 2000
• Consultation on two more codes of practice (Part
  I Chapter II and Part III) - early 2001
• Establish Technical Advisory Board - early 2001
• Consult on draft section 12 order - mid
  2001

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HO Statement of Purpose

• To build a safe, just and tolerant society in
  which the rights and responsibilities of
  individuals, families and communities are
  properly balanced and the protection and security
  of the public are maintained.

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Contact

• Richard Riley
• ? 020 7273 2151
• richard.riley_at_homeoffice.gsi.gov.uk
• http//www.homeoffice.gov.uk/ripa/ripact.htm