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Regulation of Investigatory Powers Act 2000

1.5.1 Computing related legislation · Paper 1 · 5 flashcards · 5 questions

Definition
The Regulation of Investigatory Powers Act 2000 (RIPA) governs how public bodies can conduct surveillance and investigate electronic communications.
Key Point
RIPA Allows:
• Interception of communications (with warrant)
• Access to communications data (not content)
• Covert surveillance for national security
• Requiring ISPs to store data for investigation

Who Can Use RIPA Powers:
• Police and security services
• HMRC (tax authorities)
• Local councils (limited powers)
• Requires authorisation/warrants for most activities
Key Point
Controversy:
• Perceived as invasive to privacy
• Local councils using powers for minor issues
• Balance between security and civil liberties
• Led to debates about surveillance scope

Investigatory Powers Act 2016:
• Updated RIPA for modern communications
• Requires ISPs to store browsing history
• Known as the "Snoopers' Charter"
• Increased judicial oversight

Powers Given by the Act

A question can ask for the additional powers that the Act gives to the bodies allowed to use it. Each of these is a separate point.

Key Point
Authorised bodies can:
• Carry out mass surveillance of communications
• Monitor an individual's internet activity and history
• Carry out covert surveillance
• Demand access to protected data
• Demand that encryption keys are handed over, or that a person decrypts their data. Refusing is an offence that can lead to prison
• Demand that ISPs and businesses hand over their customers' communications and records
• Demand that ISPs and businesses fit equipment that makes surveillance possible
• Keep secret the fact that communications were intercepted

Legislation Summary

Key Point
LawCore purposeKey exam points
Data Protection Act 2018 / GDPRProtect personal data7 principles + data subject rights
Computer Misuse Act 1990Criminalise unauthorised access/modificationSections 1, 2, 3 with escalating seriousness
Copyright, Designs and Patents Act 1988Protect intellectual propertyAutomatic protection, software covered as literary work
RIPA 2000Govern surveillance/interception powersSecurity vs privacy balance and authorisation requirements
Exam Tip
For exam questions: Always identify which law applies to the scenario, explain why, and discuss both perspectives (e.g., security vs privacy for RIPA).