The Intelligence and Security Committee of Parliament is a committee of Parliament designed to oversee the intelligence and security activities of the Security Service, the Secret Intelligence Service and GCHQ. It was established in the Justice and Security Act 2013; prior to this the committee was established by the Intelligence…
This section of the website compiles research into the policy surrounding the surveillance state, by Ian Brown, Josh Cowls, and Ben Zevenbergen of the Oxford Internet Institute. It is partially based on background from Brown’s FORES report, but mainly from the three major reviews published in this area in 2015,…
Intelligence agencies are able to remotely break into computer systems to access communications and other types of data on those systems. Section 10 of the Computer Misuse Act 1990 (CMA) exempts law enforcement powers of inspection, search and seizure from its prohibitions on unauthorized access to computer material. Such access…
Under the Data Retention and Investigatory Powers Act 2014, public telecommunications operators notified by the Secretary of State are required to retain for up to 12 months certain data generated or processed in the UK relating to telephony and Internet communications. “Communications data” (or “metadata” as it is called in the…
The UK’s Government Communications Headquarters (GCHQ), alleged by Edward Snowden to be undertaking mass surveillance of online activities, operates under the Intelligence Services Act 1994. GCHQ’s first statutory function is “to monitor or interfere with electromagnetic, acoustic and other emissions and any equipment producing such emissions and to obtain and provide…
The key statute regulating interception of telecommunications is the Regulation of Investigatory Powers Act 2000 (specifically, Part 1 Chapter 1),as amended by the Data Retention and Investigatory Powers Act 2014. GCHQ is exclusively responsible for large-scale interception, although a range of intelligence, policing and tax authorities may also apply to the Secretary…
The Independent Reviewer of Terrorism Legislation is appointed by the Secretary of State under section 36(1) of the Terrorism Act 2006. The current Independent Reviewer, David Anderson QC, recently conducted a review of the “operation and regulation of investigatory powers” as required by DRIPA. The review was published in 11th June 2015…
The Intelligence Services Commissioner is a post provided for by RIPA to oversee the use of RIPA powers. The Commissioner should hold or have held high judicial office, and is appointed by the Prime Minister. The position is part-time, with a part-time secretary. To conduct the oversight function, the Commissioner has the power…
The Data Retention and Investigatory Powers Act 2014, an Act of Parliament, was passed in response to the Digital Rights Ireland ruling by the Court of Justice of the EU. [1] The Act’s primary provision is to restore to the Secretary of State the power to require communications service providers to retain for…
The Interception of Communications Commissioner is a post provided for by RIPA to oversee the use of RIPA interception powers. The Commissioner should hold or have held high judicial office, and is appointed by the Prime Minister. The Commissioner has nine inspectors to oversee the use of communications data and prison interception,…
