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Regulating investigatory powers

The Regulation of Investigatory Powers Act 2000 (RIPA) was an important step forward to ensure investigatory techniques are used in a way that is compatible with our right to private and family life, enshrined in the European Convention on Human Rights.

Who uses covert techniques?

Public authorities such as police and local authorities have for many years been able to use a range of covert techniques to investigate suspects without alerting them to the fact that they are under investigation.

The Regulation of Investigatory Powers Act 2000 (RIPA) makes sure these techniques are used in a regulated way. This means that any authorising officer must first consider whether the use of covert techniques is necessary and proportionate before agreeing that the techniques can be used.

What does RIPA regulate?

RIPA regulates the following:

  • the interception of communications, such as the content of telephone calls, emails or letters
  • the use of communications data – the ‘who, when and where’ of communications, such as a telephone call or email
  • covert surveillance, either carried out in private premises or vehicles (intrusive surveillance) or in public places but likely to obtain private information about a particular person (directed surveillance)
  • the use of covert human intelligence sources, such as informants or undercover officers
  • access to electronic data protected by encryption or passwords

RIPA provides important safeguards. It:

  • strictly limits the public authorities which can use and authorise these techniques
  • strictly limits the purposes for and conditions in which they can be used
  • strictly limits the way the material obtained must be handled
  • reserves the more intrusive techniques for intelligence and law enforcement agencies acting against only serious crime or threats to our national security
  • sets out the role of independent commissioners who hold or have held high judicial office to oversee the use of covert techniques
  • establishes an independent tribunal to hear complaints from those who believe the techniques have been used inappropriately.

Consultations

New measures to strengthen the use of RIPA (new window) – consultation and responses

We have consulted on plans to update the RIPA framework in order to prevent the inappropriate use of intrusive techniques by public authorities. Read the consultation, summary of responses and written ministerial statement.

Protecting the public in a changing communications environment - consultation and responses

We have consulted on maintaining our ability to access communications data in the future, in light of changing communications technology. Read the consultation, summary of responses and ministerial statement

Communications data is information about a communication, but does not include the content of a communication. We have produced a factsheet about communications data.

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