The Wireless Telegraphy Act 2006, an Act of Parliament, was described by the Anderson Review as, outside of RIPA, “the key statute allowing for the interception of communications.” [1] Sections 48 and 49 grant broad powers for the interception of communications to “the Secretary of State, the Commissioners for [HMCR], or any other person designated for the purposes of this section by regulations made by the Secretary of State.” [2] The use of this power is limited to necessary and proportionate circumstances, and in relation to national security, the prevention of crime, public safety or health, economic well-being or tax collection.
The Anderson Review explains that “the relationship between the WTA and RIPA is somewhat opaque.” Since “there is no operational distinction between the two statutes … both [Acts] could be used to intercept the same communications.” [3]
[1] David Anderson Q.C., ‘A question of trust’, Report of the Investigatory Powers Review, July 2015, p.97.
[2] United Kingdom Parliament (2006), Wireless Telegraphy Act, Section 48(5), available at http://www.legislation.gov.uk/ukpga/2006/36/introduction.
[3] David Anderson Q.C., ‘A question of trust’, Report of the Investigatory Powers Review, July 2015, pp.97-98.