Making an application under RIPA
RIPA safeguards
The techniques regulated in the Regulation of Investigatory Powers Act (RIPA) are subject to stringent safeguards approved by Parliament to ensure that investigatory powers are used in a way that is compatible with the European Convention on Human Rights (ECHR).
RIPA only permits authorisation of the investigatory techniques if they are necessary and proportionate, guaranteeing Article 8 of the ECHR (the right to respect for private and family life).
Necessary purpose limitation
Covert investigatory techniques can only be authorised under RIPA when their use would be necessary on specified grounds. In the case of communications data (section 22), directed surveillance (section 28) and covert human intelligence sources (section 29) these grounds are:
- in the interests of national security
- for the purpose of preventing or detecting crime or preventing disorder
- in the interests of the economic well-being of the UK
- in the interests of public safety
- for the purpose of protecting public health
- for the purpose of assessing or collecting any tax, duty, levy or other charge payable to a government department
RIPA provides an extra purpose for communications data only:
- for the purpose, in an emergency, of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health.
Further grounds can be specified by an Order made by the Secretary of State under sections 22 (h) (communications data), 28 (g) (directed surveillance) and 29 (g) (covert human intelligence sources).
Statutory Instrument no 1878 of 2006 (new window) provides the following additional grounds in relation to communications data:
- Article 2 (a) – to assist investigations into alleged miscarriages of justice
- Article 2 (b) – to assist in identifying a person who has died or is unable to identify himself because of a physical or mental condition, other than one resulting from crime, or to obtain information about his next of kin or others connected with him or about the reason for his death or condition
Proportionality
The use of techniques regulated in RIPA can only be authorised if they are proportionate to what will be achieved through this type of investigation. For example, the technique cannot be authorised if the information can reasonably be obtained by other, less intrusive means. Authorising officers must consider both the benefits to the investigation and the seriousness of the offence being investigated.
Authorisation
The use of covert techniques under RIPA can only be authorised by designated officers of sufficient seniority within each public authority. Independent prior approval is needed for the most intrusive techniques. Authorising officers and those who give independent prior approval must have the necessary level of oversight, judgement and objectivity to agree applications. They must also understand the realities of the authority’s work well enough to give them a clear knowledge of what is reasonable and workable.
Oversight
There are three independent commissioners who oversee different aspects of RIPA. The commissioners have all held high judicial office.
The Interception Commissioner, Sir Paul Kennedy, oversees public authority use of interception and communications data under section 57 of RIPA.
The Chief Surveillance Commissioner, Sir Christopher Rose, oversees the way in which public authorities (apart from the intelligence agencies) use covert surveillance and covert human intelligence sources under section 62 of RIPA.
The Intelligence Services Commissioner, Sir Peter Gibson, oversees the use of covert surveillance and covert human intelligence sources by the intelligence agencies, under section 59 of RIPA.
Complaints
Anyone who believes that public authorities have used covert techniques inappropriately can take their case to the Investigatory Powers Tribunal (IPT).
The IPT investigates complaints about any covert activity that an individual believes has taken place against them, their property or communications, as long as it relates to a RIPA power used by the organisation they are complaining about.
If the IPT agrees that RIPA safeguards have been contravened it must notify the complainant and make a report to the Prime Minister. It may, if appropriate, quash any warrant or authorisation, order the destruction or relevant material or order compensation.
The IPT is entirely independent of government
Its work and the number of complaints it has determined are set out in the published annual reports of the Interception of Communications and the Intelligence Services Commissioners.
Lord Justice Mummery is the current President of the Investigatory Powers Tribunal (new window). Find out more about the Investigatory Powers Tribunal.
Lodging a complaint
You can lodge a human rights-related complaint with the IPT by completing Form T1 (relevant circumstances, intelligence agencies and public authorities are listed in the form).
The IPT also deals with non human rights-related complaints about use of investigatory powers by the intelligence services and public authorities.
You can lodge a non human rights-related complaint with the IPT by completing Form T2 (relevant circumstances, intelligence agencies and public authorities are listed in the form).
