Four new Codes of Practice relating to the Regulation of Investigatory Powers Act 2000 (RIPA) have recently come into force. RIPA regulates the powers of public authorities such as the police, customs and excise and the intelligence services to intercept communications, acquire data, conduct surveillance and use human agents. The Codes may be produced as evidence in civil or criminal proceedings if issues arise as to the legality of the actions taken by authorities pursuant to RIPA.

Three of the Codes impose obligations on the authorities. They will also be helpful to service providers in indicating the extent of the authorities’ powers and the requirements and procedures for authorisation, disclosure and copying of information. The Codes relate to interception of communications, covert surveillance and covert human intelligence.

The fourth Code imposes obligations on service providers themselves with regard to the maintenance of interception capability. The Code requires providers to maintain mechanisms to intercept communications where an interception warrant has been issued. The affected bodies are postal service providers, and telecoms service providers who serve more than 10,000 persons in the UK. Telecoms providers whose services relate solely to banking, insurance, investment or financial services are excluded.

An earlier proposal to increase the number of public authorities entitled to obtain information under RIPA has been suspended following opposition from industry and civil liberties groups.

© Herbert Smith 2002

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