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ISSUES: Privacy
Chapter 2: Surveillance
Surveillance and counter-terrorism
Howtomakeapplicationsunder theRegulationof InvestigatoryPowersAct (RIPA)andhow
the Government responds to terrorist incidents.
Overview
T
his guide provides information
on
how
the
Government
regulates surveillance and what
the Government does in the event of a
terrorist incident.
It includes details on how to make an
application under the Regulation of
Investigatory Powers Act 2000 (RIPA)
and explains when RIPA applies and
what RIPA does.
It also covers the Government’s
counter-terrorism
plans,
including
central and local crisis response, how
the Government communicates with
the public and advice on staying safe
during terrorism threats.
RIPA: what it is and how to apply
RIPA is the law governing the use
of covert techniques by public
authorities. It requires that when
public authorities, such as the police
or government departments, need
to use covert techniques to obtain
private information about someone,
they do it in a way that is necessary,
proportionate, and compatible with
human rights.
RIPA’s guidelines and codes apply to
actions such as:
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intercepting
communications,
such as the content of telephone
calls, emails or letters
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acquiring communications data:
the ‘who, when and where’
of communications, such as a
telephone billing or subscriber
details
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conducting covert surveillance,
either in private premises or
vehicles (intrusive surveillance)
or in public places (directed
surveillance)
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the
use
of
covert
human
intelligence sources, such as
informants or undercover officers
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access to electronic data protected
by encryption or passwords.
RIPA applies to a wide range of
investigations
in
which
private
information might be obtained. Cases
in which it applies include:
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terrorism
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crime
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public safety
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emergency services.
To make an application under RIPA on
behalf of a public authority, download
the appropriate codes of practice and
application forms.
All the codes on this website can also be
purchased from The Stationery Office.
Local authority use of RIPA
Local authorities have a wide range
of functions and are responsible in
law for enforcing over 100 separate
Acts of Parliament. In particular, local
authorities investigate offences in the
following areas:
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trading standards, including action
taken against loan sharks and
rogue traders, consumer scams,
sale of counterfeit goods, unsafe
toys and electrical goods
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environmental health, including
action against large-scale waste
dumping, dangerous workplaces,
pest control and the sale of unfit
food
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benefit fraud, including action
to counter fraudulent claims for
housing benefits, investigating
‘living together’ and ‘working
whilst in receipt of benefit’
allegations and council tax evasion.
Local authorities are also responsible
for tackling issues as diverse as anti-
social behaviour, unlicensed gambling,
threats to children in care, underage
employment and taxi regulation.
As part of their investigation a local
authority may consider that it is
appropriate to use a RIPA technique to
obtain evidence.
Local authorities use three investigatory
techniques that can be authorised
under RIPA:
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directed surveillance
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use of a covert human intelligence
source
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obtaining
and
disclosing
communications data.
RIPA does not allow the use of any other
covert techniques by local authorities
to be authorised. In particular, a local
authority cannot be authorised under
RIPA to intercept the content of a
communication.
Approval of local authority use of
RIPA
From 1 November 2012, local authorities
are required to obtain judicial approval
prior to using covert techniques. Local
authority authorisations and notices
under RIPAwill only be given effect once
an order has been granted by a justice
of the peace in England and Wales, a
sheriff in Scotland and a district judge
(magistrates’ court) in Northern Ireland.
Additionally, from this date local
authority use of directed surveillance
under RIPA will be limited to the
investigation of crimes which attract a
six month or more custodial sentence,
with the exception of offences relating
to the underage sale of alcohol and
tobacco.
Responding to a terrorist incident
In a terrorist attack, the Home Secretary
leads the government response to the
incident as the minister responsible for
counter-terrorism in England, Wales and
Scotland.
Effective command and control is
essential to successfully manage a
counter-terrorist incident. The UK’s
approach to emergency response and
recovery is founded on an approach
in which operations and decisions are
made at the lowest appropriate level.
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The above information is reprinted
with kind permission from GOV.
UK. Please visit GOV.UK for further
information.
© Crown copyright 2017
