The legal power to decrypt materials is expressly granted as a statutory function to GCHQ in the Intelligence Services Act 1994, where it is empowered to “obtain and provide information derived from … encrypted material” (s.3 (1)(a)). Further, sections 49-51 of RIPA gives a range of government agencies the power…
Powers contained in RIPA 2000 and the Intelligence Services Act 1994 give agencies power to conduct what is described as ‘intrusive’ and ‘targeted’ surveillance. The terminology here is potentially confusing, given that other agency powers – such as the large-scale interception of communications and access to communications data – are often…
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 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…
