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Covert Munkey

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Surveillance

Surveillance is an indispensible way of gathering intelligence against terrorists and other sophisticated and ruthless criminals.

Surveillance means:

monitoring, observing and listening to individuals' movements, conversations and other activities or communications
recording anything monitored, observed or listened to in the course of surveillance
using a surveillace device

The Regulation of Investigatory Powers Act 2000 (RIPA) covers the interception of communications and other surveillance techniques.

This section explains how RIPA complies with the Human Rights Act 1998 and lists the RIPA Statutory Instruments.



Regulation of Investigatory Powers Act 2000

Part I

Communications

Chapter I

Interception

Unlawful and authorised interception

1. Unlawful interception.
2. Meaning and location of “interception†etc.
3. Lawful interception without an interception warrant.
4. Power to provide for lawful interception.
5. Interception with a warrant.
Interception warrants

6. Application for issue of an interception warrant.
7. Issue of warrants.
8. Contents of warrants.
9. Duration, cancellation and renewal of warrants.
10. Modification of warrants and certificates.
11. Implementation of warrants. Interception capability and costs
12. Maintenance of interception capability.
13. Technical Advisory Board.
14. Grants for interception costs. Restrictions on use of intercepted material etc.
15. General safeguards.
16. Extra safeguards in the case of certificated warrants.
17. Exclusion of matters from legal proceedings.
18. Exceptions to section 17.
19. Offence for unauthorised disclosures.

Interpretation of Chapter I

20. Interpretation of Chapter I.

Chapter II

Acquisition and disclosure of communications data

21. Lawful acquisition and disclosure of communications data.
22. Obtaining and disclosing communications data.
23. Form and duration of authorisations and notices.
24. Arrangements for payments.
25. Interpretation of Chapter II.

Part II

Surveillance and covert human intelligence sources

Introductory

26. Conduct to which Part II applies.

Authorisation of surveillance and human intelligence sources

27. Lawful surveillance etc.
28. Authorisation of directed surveillance.
29. Authorisation of covert human intelligence sources.
30. Persons entitled to grant authorisations under ss. 28 and 29.
31. Orders under s. 30 for Northern Ireland.
32. Authorisation of intrusive surveillance.

Police and customs authorisations

33. Rules for grant of authorisations.
34. Grant of authorisations in the senior officer’s absence.
35. Notification of authorisations for intrusive surveillance.
36. Approval required for authorisations to take effect.
37. Quashing of police and customs authorisations etc.
38. Appeals against decisions by Surveillance Commissioners.
39. Appeals to the Chief Surveillance Commissioner: supplementary.
40. Information to be provided to Surveillance Commissioners.

Other authorisations

41. Secretary of State authorisations.
42. Intelligence services authorisations. Grant, renewal and duration of authorisations
43. General rules about grant, renewal and duration.
44. Special rules for intelligence services authorisations.
45. Cancellation of authorisations.

Scotland

46. Restrictions on authorisations extending to Scotland.

Supplemental provision for Part II

47. Power to extend or modify authorisation provisions.
48. Interpretation of Part II.

Part III

Investigation of electronic data protected by encryption etc.

Power to require disclosure

49. Notices requiring disclosure.
50. Effect of notice imposing disclosure requirement.
51. Cases in which key required. Contributions to costs
52. Arrangements for payments for disclosure.

Offences

53. Failure to comply with a notice.
54. Tipping-off.

Safeguards

55. General duties of specified authorities.

Interpretation of Part III

56. Interpretation of Part III.

Part IV

Scrutiny etc. of investigatory powers and of the functions of the intelligence services

Commissioners

57. Interception of Communications Commissioner.
58. Co-operation with and reports by s. 57 Commissioner.
59. Intelligence Services Commissioner.
60. Co-operation with and reports by s. 59 Commissioner.
61. Investigatory Powers Commissioner for Northern Ireland.
62. Additional functions of Chief Surveillance Commissioner.
63. Assistant Surveillance Commissioners.
64. Delegation of Commissioners' functions.
65. The Tribunal.
66. Orders allocating proceedings to the Tribunal.
67. Exercise of the Tribunal’s jurisdiction.
68. Tribunal procedure.
69. Tribunal rules.
70. Abolition of jurisdiction in relation to complaints.
71. Issue and revision of codes of practice.
72. Effect of codes of practice.

Part V

Miscellaneous and supplemental

Miscellaneous

73. Conduct in relation to wireless telegraphy.
74. Warrants under the Intelligence Services Act 1994.
75. Authorisations under Part III of the Police Act 1997.
76. Surveillance etc. operations beginning in Scotland.

Supplemental

77. Ministerial expenditure etc.
78. Orders, regulations and rules.
79. Criminal liability of directors etc.
80. General saving for lawful conduct.
81. General interpretation.
82. Amendments, repeals and savings etc.
83. Short title, commencement and extent.
Schedules:

Schedule 1

Relevant Public Authorities.

Part I

Relevant authorities for the purposes of ss. 28 and 29.

Part II

Relevant authorities for the purposes only of s. 28.

Schedule 2

Persons having the appropriate permission.

Schedule 3

The Tribunal.

Schedule 4

Consequential amendments.

Schedule 5

Repeals.




View attachment 35


http://security.homeoffice.gov.uk/ripa/
 
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