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((multiple issues|
((more citations needed|date=April 2010))
((POV|date=September 2012))
))
((Use dmy dates|date=August 2020))
((Use British English|date=May 2012))
((Infobox UK legislation
|short_title=Regulation of Investigatory Powers Act 2000
|type=Act
|parliament=Parliament of the United Kingdom
|long_title=((hidden|ta1=left|Click "show"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;|An Act to make provision for and about the interception of communications, the acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed; to provide for Commissioners and a tribunal with functions and jurisdiction in relation to those matters, to entries on and interferences with property or with wireless telegraphy and to the carrying out of their functions by the [[MI5|Security Service]], the [[Secret Intelligence Service]] and the [[Government Communications Headquarters]]; and for connected purposes.))
|citation=2000 c. 23
|introduced_by=
|territorial_extent=
|royal_assent=28 July 2000
|commencement=
|repeal_date= 
|amendments=
|related_legislation=
|repealing_legislation=
|status= Amended
|original_text=http://www.legislation.gov.uk/ukpga/2000/23/contents/enacted
<!--|activeTextDocId=1757378-->
||use_new_UK-LEG=yes
|legislation_history=
|))

The '''Regulation of Investigatory Powers Act 2000''' ([[citation of United Kingdom legislation|c. 23]]) ('''RIP''' or '''RIPA''') is an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]], regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of [[Telecommunication|communications]].<ref>((Cite journal|last=Roberts|first=Andrew|year=2006|title=Court of Appeal Regulation of Investigatory Powers Act 2000: Private Surveillance|journal=Journal of Criminal Law|volume=70|pages=286–289|doi=10.1350/jcla.70.4.286|s2cid=147137468))</ref> It was introduced by the [[premiership of Tony Blair|Tony Blair Labour government]] ostensibly  to take account of technological change such as the growth of the [[Internet]] and strong [[encryption]].

The Regulation of Investigatory Powers (RIP) Bill was introduced in the House of Commons on 9 February 2000 and completed its Parliamentary passage on 26 July.

Following a public consultation and Parliamentary debate, Parliament approved new additions in December 2003, April 2005, July 2006 and February 2010.<ref>Statutory instruments Nos 3171 and 3172 of 2003, 1083 and 1084 of 2005, 1874 and 1878 of 2006 and 480 and 521 of 2010</ref> A draft bill was put before Parliament during 4 November 2015.<ref>((cite news|url=https://www.economist.com/news/britain/21677611-new-surveillance-bill-extends-powers-spies-mi5-love|title=To MI5 with love|date=7 November 2015|newspaper=The Economist|access-date=22 January 2016))</ref>

==Summary==

RIPA regulates the manner in which certain public bodies may conduct surveillance and access a person's electronic communications. The Act:

* enables certain public bodies to demand that an [[ISP]] provide access to a customer's communications in secret;
* enables mass surveillance of communications in transit;
* enables certain public bodies to demand ISPs fit equipment to facilitate surveillance;
* enables certain public bodies to [[Key disclosure law|demand that someone hand over keys to protected information]];
* allows certain public bodies to monitor people's Internet activities;
* prevents the existence of interception warrants and any data collected with them from being revealed in court.

==Powers==
{| class="wikitable"
|-
!  Type
!  Typical use
!  Reasons for use
!  Type of public authority permitted to use
!  Level of authorisation required
|-
|  [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1757378&ActiveTextDocId=1757385&filesize=11519 Interception of a communication]
|  [[Telephone tapping|Wire taps]] and [[Postal censorship|reading post]]
|  In the interests of national security, for the purpose of preventing or detecting serious crime and for the purpose of safeguarding the economic well-being of the United Kingdom
|  [[Defence Intelligence]], [[GCHQ]], [[HM Revenue and Customs]], [[Border Force]], [[Secret Intelligence Service]], [[MI5|Security Service]] and [[Territorial police force#United Kingdom|territorial police forces]]
|  Warrant from [[Secretary of State for the Home Department|Home Secretary]] or [[Cabinet Secretary for Justice]] AND a Judicial Commissioner 
|-
|  [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1757378&ActiveTextDocId=1757409&filesize=8774 Use of communications data]
|  Information about a communication, but not the content of that communication (phone numbers, subscriber details)
|  In the interests of national security, for the purpose of preventing or detecting crime or of preventing disorder, in the interests of the economic well-being of the United Kingdom, 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 imposition, contribution or charge payable to a government department and for the purpose, in an emergency, of preventing death or injury or any damage to a person's physical or mental health, or of  any injury or damage to a person's physical or mental health.
| As listed below
| Senior member of that authority
|-
|  [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Regulation+of+Investigatory+Powers+Act+2000&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1757378&activetextdocid=1757416&versionNumber=1 Directed surveillance]
|  Following people
|  In the interests of national security, for the purpose of preventing or detecting crime or of preventing disorder, in the interests of the economic well-being of the United Kingdom, in the interests of public safety, for the purpose of protecting public health and for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department.
| As listed below
| Senior member of that authority
|-
|  [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Regulation+of+Investigatory+Powers+Act+2000&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1757378&activetextdocid=1757416&versionNumber=1 Covert human intelligence sources]
|  Informers; undercover officers
|  In the interests of national security, for the purpose of preventing or detecting crime or of preventing disorder, in the interests of the economic well-being of the United Kingdom, in the interests of public safety, for the purpose of protecting public health and for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department.
|  As listed above
|  Senior member of that authority
|-
| rowspan="2" | [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Regulation+of+Investigatory+Powers+Act+2000&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1757378&activetextdocid=1757416&versionNumber=1 Intrusive surveillance]
| rowspan="2" | Bugging houses/vehicles
| rowspan="2" | In the interests of national security, for the purpose of preventing or detecting serious crime and in the interests of the economic well-being of the United Kingdom.
| GCHQ, Secret Intelligence Service, Security Service, Ministry of Defence, armed forces, [[His Majesty's Prison Service]] or [[Northern Ireland Prison Service]].
|  Authorisation from [[Secretary of State for the Home Department|Home Secretary]] or [[Cabinet Secretary for Justice]]
|-
| The territorial police forces, the [[Ministry of Defence Police]], the [[British Transport Police]], the [[Royal Navy Regulating Branch]], [[Royal Military Police]], [[Royal Air Force Police]] and HM Revenue and Customs.
| Authorisation from the head of the relevant agency: chief constable of any of the territorial police forces, the [[Ministry of Defence Police]] or the [[British Transport Police]], the [[Provost Marshal|Provosts Marshal]] of the [[Royal Navy Regulating Branch]], [[Royal Military Police]] or the [[Royal Air Force Police]] and a customs officer designated for the purposes by the Commissioners of Revenue and Customs including Border Force.
|}

==Agencies with investigative powers==
{| class="wikitable" style="float:right; clear:right; width:25em; margin-left:1em"
|+ Legislation that stipulates public agencies with investigative powers
| style="font-size:88%" | 
* [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Regulation+of+Investigatory+Powers+Act+2000&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1757378&ActiveTextDocId=1757494&filesize=1172 Schedule 1 to the Regulation of Investigatory Powers Act]
* [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=+%09+++%09+Regulation+of+Investigatory+Powers&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2510697&ActiveTextDocId=2510697&filesize=6103 The Regulation of Investigatory Powers (Designation of Public Authorities for the Purposes of Intrusive Surveillance) Order 2001]
* [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Regulation+of+Investigatory+Powers+(Communications+Data)+Order+2003&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=867816&ActiveTextDocId=867816&filesize=51518 The Regulation of Investigatory Powers (Communications Data) Order 2003]
*[http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=867859&ActiveTextDocId=867859&filesize=4181 The Regulation of Investigatory Powers (Intrusive Surveillance) Order 2003]
* [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=867769&ActiveTextDocId=867769&filesize=21731 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003]
* [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1988999&ActiveTextDocId=1988999&filesize=19358 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005]
* [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1988986&ActiveTextDocId=1988986&filesize=17479  The Regulation of Investigatory Powers (Communications Data) (Amendment) Order 2005]
*[http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=regulation+of+investigatory&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2609382&ActiveTextDocId=2609382&filesize=11228 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006]
* [http://www.opsi.gov.uk/si/si2006/20061878.htm The Regulation of Investigatory Powers (Communications Data) (Additional Functions and Amendment) Order 2006]
|}

===Communications data===
The type of communications data that can be accessed varies with the reason for its use, and cannot be adequately explained here. Refer to the legislation for more specific information.
*[[Charity Commission]]
*[[Criminal Cases Review Commission]]
*[[Common Services Agency]] for the Scottish Health Service
*a [[county council]] or [[Districts of England|district council]] in England, a [[London borough council]], the [[Common Council of the City of London]] in its capacity as a local authority, the [[Council of the Isles of Scilly]], and any [[county council]] or [[county borough|county borough council]] in Wales
*[[Department for Transport]], for the purposes of:
**[[Marine Accident Investigation Branch]]
**[[Rail Accident Investigation Branch]]
**[[Air Accidents Investigation Branch]]
**[[Maritime and Coastguard Agency]]
*a district council within the meaning of the [[Local Government Act (Northern Ireland) 1972]]
*[[Department of Agriculture and Rural Development]] for Northern Ireland
*[[Department of Enterprise, Trade and Investment|Department of Enterprise, Trade and Investment for Northern Ireland]] (for the purposes of Trading Standards)
*[[Department of Health]] (for the purposes of the [[Medicines and Healthcare products Regulatory Agency]])
*[[Department of Trade and Industry (United Kingdom)|Department of Trade and Industry]]
*[[Environment Agency]]
*[[Financial Conduct Authority]]
*a [[fire and rescue authority]]
*[[Fire Authority for Northern Ireland]]
*[[Food Standards Agency]]
*[[Gambling Commission]]
*[[Gangmasters Licensing Authority]]
*[[Government Communications Headquarters]]
*[[Health and Safety Executive]]
*[[HM Revenue and Customs]]
*[[Home Office]] (for the purposes of the [[UK Border Agency]])
*[[Independent Police Complaints Commission]]
*[[Information Commissioner]]
*a [[Local government in England#Special arrangements|Joint Board]] where it is a fire authority
*[[Office of Communications]]
*[[Office of Fair Trading]]
*[[The Pensions Regulator]]
*[[Police Ombudsman for Northern Ireland|Office of the Police Ombudsman for Northern Ireland]]
*[[Port of Dover Police]]
*[[Port of Liverpool Police]]
*[[Royal Mail|Post Office Investigation Branch]]
*[[Postal Services Commission]]
*[[Emergency medical services in the United Kingdom#Public ambulance services|NHS ambulance service Trust]]
*[[NHS Counter Fraud and Security Management Service]]
*[[Northern Ireland Ambulance Service|Northern Ireland Ambulance Service Health and Social Services Trust]]
*[[Department of Health, Social Services and Public Safety|Northern Ireland Health and Social Services Central Services Agency]]
*[[Royal Navy Regulating Branch]]
*[[Royal Military Police]]
*[[Royal Air Force Police]]
*[[Scottish Ambulance Service|Scottish Ambulance Service Board]]
*a [[Local government in Scotland|Scottish council]] where it is a fire authority
*[[Scottish Environment Protection Agency]]
*Secret Intelligence Service
*Security Service
*[[Serious Fraud Office (United Kingdom)|Serious Fraud Office]]
*the special police forces (including the [[Scottish Drug Enforcement Agency]])
*the territorial police forces
*[[Welsh Ambulance Services NHS Trust]]

===Directed surveillance and covert human intelligence sources===
The reasons for which the use of directed surveillance & covert human intelligence sources is permitted vary with each authority. Refer to the legislation for more specific information.
*The [[Armed Forces of the United Kingdom|armed forces]]
*[[Charity Commission]]
*[[Commission for Healthcare Audit and Inspection]]
*a county council or district council in England, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, and any county council or county borough council in Wales
*[[Department for Environment, Food and Rural Affairs]] (for the purposes of the [[Marine Fisheries Agency]])
*[[Department of Health]] (for the purposes of the [[Medicines and Healthcare products Regulatory Agency]])
*[[Department of Trade and Industry (United Kingdom)|Department of Trade and Industry]]
*[[Department for Transport]] (for the purposes of transport security, [[Vehicle and Operator Services Agency]], [[Driving Standards Agency]] and [[Maritime and Coastguard Agency]])
*[[Department for Work and Pensions]]
*[[Environment Agency]]
*[[Financial Conduct Authority]]
*a [[fire authority]]
*[[Food Standards Agency]]
*[[Gambling Commission]]
*[[Gangmasters Licensing Authority]]
*[[Government Communications Headquarters]]
*[[HM Revenue and Customs|Commissioners of Revenue and Customs]]
*[[Home Office]] (for the purposes of HM Prison Service and the UK Border Agency)
*[[Ministry of Defence (United Kingdom)|Ministry of Defence]]
*[[Northern Ireland Office]] (for the purposes of the Northern Ireland Prison Service)
*[[Ofcom]]
*[[Office of Fair Trading]]
*[[Office of the Deputy Prime Minister]]
*[[Police Ombudsman for Northern Ireland|Office of the Police Ombudsman for Northern Ireland]]
*[[Postal Services Commission]]
*[[Port of Dover Police]]
*[[Port of Liverpool Police]]
*[[Royal Mail]]
*[[Secret Intelligence Service]]
*[[MI5|Security Service]]
*[[Serious Fraud Office (United Kingdom)|Serious Fraud Office]]
*[[Welsh Government]] (for the purposes of the NHS Directorate, NHS Finance Division, Common Agricultural Policy Management Division and Care Standards Inspectorate for Wales)
*a [[Territorial police force#United Kingdom|territorial police force]] or [[Special police force#United Kingdom|special police force]]

===Directed surveillance===
The reasons for which the use of directed surveillance is permitted vary with each authority. Refer to the legislation for more specific information.
*[[Health & Safety Executive]]
*[[Information Commissioner]]
*[[Ofsted|His Majesty's Chief Inspector of Schools]] in England (for the purposes of the Complaints, Investigation and Enforcement Team)
*[[General Pharmaceutical Council]]

==Controversy==

Critics claim that the spectres of [[terrorism]], [[internet crime]] and [[pedophilia|paedophilia]] were used to push the act through and that there was little substantive debate in the [[British House of Commons|House of Commons]]. The act has numerous critics, many of whom regard the RIPA regulations as excessive and a threat to [[civil liberties]] in the UK. Campaign group [[Big Brother Watch]] published a report in 2010 investigating the improper use of RIPA by local councils.<ref>((cite web|url=https://www.bigbrotherwatch.org.uk/TheGrimRIPA.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://www.bigbrotherwatch.org.uk/TheGrimRIPA.pdf |archive-date=2022-10-09 |url-status=live|title=The Grim RIPA – Cataloguing the ways in which local authorities have abused their covert surveillance powers|website=Big Brother Watch|publisher=bigbrotherwatch.org.uk|access-date=2017-06-07))</ref> Critics such as [[Keith Vaz]], the chairman of the House of Commons home affairs committee, have expressed concern that the act is being abused for "petty and vindictive" cases.<ref name="tel">Gordon Rayner and Richard Alleyne: [https://web.archive.org/web/20080521210928/http://www.telegraph.co.uk/news/uknews/1584808/Council-spy-cases-hit-1%2C000-a-month.html Council spy cases hit 1,000 a month]. [[The Daily Telegraph]], 14 April 2008</ref> Similarly, [[Brian Binley]], [[Member of Parliament (United Kingdom)|Member of Parliament]] (MP) for [[Northampton South (UK Parliament constituency)|Northampton South]] has urged councils to stop using the law, accusing them of acting like [[comic strip]] detective [[Dick Tracy]].<ref>((cite news|url=http://news.bbc.co.uk/1/hi/england/northamptonshire/7414382.stm |title=Council 'acted like Dick Tracy' |work=BBC News |date=22 May 2008 |access-date=2009-01-05))</ref>

The [[Trading Standards Institute]] has been very critical of these views, stating that the use of surveillance is critical to their success (see [http://www.tradingstandards.gov.uk/policy/policy-pressitem.cfm/newsid/955 TSI press release] ((Webarchive|url=https://web.archive.org/web/20141103231412/http://www.tradingstandards.gov.uk/policy/policy-pressitem.cfm/newsid/955 |date=3 November 2014 ))).

The "[[deniable encryption]]" features in [[free software]] such as [[FreeOTFE]], [[TrueCrypt]] and [[BestCrypt]] could be said to make the task of investigations featuring RIPA much more difficult.

Another concern is that the Act requires sufficiently large UK [[Internet Service Provider]]s to install technical systems to assist law enforcement agencies with interception activity. Although this equipment must be installed at the ISPs' expense, RIPA does provide that Parliament will examine appropriate funding for ISPs if the cost burden became unfairly high.

===Accusations of oppressive use===

In April 2008, it became known that council officials in [[Poole]] put three children and their parents under surveillance, at home and in their daily movements, to check whether they lived in a particular school catchment area.<ref>((cite news|url=http://news.bbc.co.uk/1/hi/england/dorset/7341179.stm |title=Family's shock at council spying |work=BBC News |date=10 April 2008 |access-date=2009-01-05))</ref><ref>[http://news.bbc.co.uk/1/hi/england/dorset/7343445.stm  Council admits spying on family], BBC 11 April 2008</ref> Council officials carried out directed surveillance on the family a total of 21 times.<ref>((cite news| url=http://news.bbc.co.uk/1/hi/england/dorset/8343865.stm | work=BBC News | title=Council 'spied on woman 21 times' | date=5 November 2009 | access-date=2010-05-22))</ref> Tim Martin, the council's head of legal services, had authorised the surveillance and tried to argue that it was justified under RIPA,<ref>[http://news.bbc.co.uk/1/hi/england/dorset/7341179.stm "Council admits spying on family"], [[BBC News]], 10 April 2008. Retrieved 30 December 2019.</ref> but in a subsequent ruling by the Investigatory Powers Tribunal – its first ever ruling – the surveillance was deemed to be unlawful.<ref>[https://ukhumanrightsblog.com/wp-content/uploads/2010/08/investigatory_powers_tribunal_ruling.pdf "Judgment of Investigatory Powers Tribunal in the case of Ms Jenny Paton & five others v. Poole Borough Council"], 29 July 2010. Retrieved 30 December 2019.</ref><ref>[https://www.bbc.co.uk/news/uk-england-dorset-10839104 "Poole Council loses school catchment 'spying' tribunal"], [[BBC News]], 2 August 2010. Retrieved 30 December 2019.</ref> The same council put fishermen under covert surveillance to check for the illegal harvesting of cockles and clams<ref>[http://news.bbc.co.uk/1/hi/england/dorset/7398820.stm Spying council targets fishermen ], BBC News 13 May 2008</ref> in ways that are regulated by RIPA. David Smith, deputy commissioner at the ICO (Information Commissioner's Office) stated that he was concerned about the surveillance which took place in [[Poole]].<ref>[http://news.bbc.co.uk/1/hi/england/dorset/7423197.stm Spying council to be investigated] BBC News, 28 May 2008</ref> Other councils in the UK have conducted undercover operations regulated by RIPA against [[Dogs (Fouling of Land) Act 1996|dog fouling]] and [[fly-tipping]].<ref name="tel"/> In April 2016, 12 councils said that they use [[unmanned aerial vehicle]]s for "covert operations", and that such flights are covered by the Regulation of Investigatory Powers Act 2000.((citation needed|date=April 2020))

Despite claims in the press that local councils are conducting over a thousand RIPA-based [[covert surveillance]] operations every month for petty offences such as under-age smoking and breaches of planning regulations,<ref name="tel"/> the Office of Surveillance Commissioners' last report shows that public bodies granted 8,477 requests for Directed Surveillance, down over 1,400 on the previous year.  Less than half of those were granted by Local Authorities, and the commissioner reported that, "Generally speaking, local authorities use their powers sparingly with over half of them granting five or fewer authorisations for directed surveillance. Some sixteen per cent granted none at all."<ref>((cite web|url=http://www.official-documents.gov.uk/document/hc1012/hc11/1111/1111.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.official-documents.gov.uk/document/hc1012/hc11/1111/1111.pdf |archive-date=2022-10-09 |url-status=live |title=OSC Report 2010-2011 |access-date=2012-10-19))</ref>

In June 2008, the chairman of the [[Local Government Association]], Sir [[Simon Milton (politician)|Simon Milton]], sent out a letter to the leaders of every council in England, urging local governments not to use the new powers granted by RIPA "for trivial matters", and suggested "reviewing these powers annually by an appropriate scrutiny committee".<ref>[http://www.lga.gov.uk/lga/core/page.do?pageId=740231 Review urged on RIPA surveillance powers] ((webarchive|url=https://web.archive.org/web/20080626160650/http://www.lga.gov.uk/lga/core/page.do?pageId=740231 |date=26 June 2008 )). LGA media release 23 June 2008</ref>

Especially contentious was Part III of the Act, which [[Key disclosure law|requires persons to (allegedly) self-incriminate]] by disclosing a password to government representatives. Failure to do so is a criminal offence, with a penalty of two years in jail or five years in cases involving national security or child indecency.<ref>((cite web|url=http://www.legislation.gov.uk/ukpga/2006/11/section/15|title=Terrorism Act 2006|publisher=Government of the United Kingdom|access-date=22 January 2016))</ref> Using the mechanism of [[secondary legislation]], some parts of the Act required activation by a ministerial order before attaining legal force. Such orders have been made in respect of the relevant sections of Part I and Part II of the RIP Act and Part III. The latter became active in October 2007.<ref>((cite news|first=Jeremy |last=Kirk |url=https://www.washingtonpost.com/wp-dyn/content/article/2007/10/01/AR2007100100511.html |title=Contested UK encryption disclosure law takes effect |work=PC World |date=1 October 2007 |access-date=2009-01-05))</ref> The first case where the powers were used was against [[animal rights]] activists in November 2007.<ref>((cite news|last=Ward |first=Mark |url=http://news.bbc.co.uk/1/hi/technology/7102180.stm |title=Campaigners hit by decryption law |work=BBC News |date=20 November 2007 |access-date=2009-01-05))</ref>

===Identification of journalists' sources===

In October 2014, it was revealed that RIPA had been used by UK police forces to obtain information about journalists' sources in at least two cases. These related to the so-called [[Plebgate]] inquiry and the prosecution of [[Chris Huhne]] for [[Perverting the course of justice|perversion of the course of justice]]. In both cases, journalists' telephone records were obtained using the powers of the act in order to identify their sources, bypassing the usual court proceedings needed to obtain such information.<ref name="Guardian 6 Oct 2014">((cite news |last= O'Carroll|first= Lisa |date=6 October 2014 |title=Sun makes official complaint over police use of Ripa against journalists| url=https://www.theguardian.com/media/2014/oct/06/sun-official-complaint-ripa-journalists-met-police|newspaper=The Guardian |location=London |access-date=9 October 2014))</ref>

The UK newspaper ''[[The Sun (United Kingdom)|The Sun]]'' made an official written complaint to the [[Investigatory Powers Tribunal]] to seek a public review of the [[Metropolitan Police Service|London Metropolitan Police's]] use of anti-terror laws to obtain the phone records of [[Tom Newton Dunn]], its political editor, in relation to its inquiry into the "Plebgate" affair. ''The Sun’s'' complaint coincided with confirmation that the phone records of the news editor of the ''[[Mail on Sunday]]'' and one of its freelance journalists had also been obtained by Kent police force when they investigated Chris Huhne's speeding fraud.<ref name="Guardian 6 Oct 2014"/> Journalists' sources are usually agreed to be privileged and protected from disclosure under European laws with which the UK complies. However, by using RIPA an investigating office just needs approval from a senior officer rather than the formal approval of a court hearing. Media lawyers and press freedom groups are concerned by the use of RIPA because it happens in secret and the press have no way of knowing whether their sources have been compromised.<ref name="Guardian 6 Oct 2014"/> Responding to ''The Sun's'' complaint Sir Paul Kennedy, the interception of communications commissioner, launched a full inquiry and urged Home Office ministers to accelerate the introduction of promised protections for journalists, lawyers and others who handle privileged information, including confidential helplines, from such police surveillance operations. He said: "I fully understand and share the concerns raised by the protection of journalistic sources so as to enable a free press. Today I have written to all chief constables and directed them under section 58 (1) of the Regulation of Investigatory Powers Act (Ripa) to provide me with full details of all investigations that have used Ripa powers to acquire communications data to identify journalistic sources. My office will undertake a full inquiry into these matters and report our findings to the prime minister".<ref>Travis, Alan (October 2014). [https://www.theguardian.com/uk-news/2014/oct/06/police-ordered-reveal-ripa-powers-identify-journalists-sources "Police told to reveal use of surveillance powers to identify journalists’ sources”], ''The Guardian'', 6 October 2014. Retrieved 10 October 2014.</ref>

On 12 October 2014, the justice minister, [[Simon Hughes]], confirmed on [[Sky News]]'s ''Murnaghan'' programme that the UK government will reform RIPA to prevent the police using surveillance powers to discover journalists' sources. He said that the police's use of RIPA's powers had been "entirely inappropriate" and in future the authorisation of a judge would be needed for police forces to be given approval to access journalists' phone records in pursuit of a criminal investigation. The presumption would be that if a journalist was acting in the public interest, they would be protected, he added. Hughes further said that if the police made an application to a court he would assume a journalist would be informed that the authorities were seeking to access his phone records. More than 100,000 RIPA requests are made every year for access to communications data against targets including private citizens. It is not known how many have involved journalists' phones.<ref>((cite news |last=Wintour |first=Patrick |date=12 October 2014  |title=British police's use of Ripa powers to snoop on journalists to be reined in |url= https://www.theguardian.com/world/2014/oct/12/police-ripa-powers-journalists-surveillance |newspaper=The Guardian |location=London |access-date=13 October 2014 ))</ref>

==Prosecutions under RIPA==
A number of offences have been prosecuted involving the abuse of investigatory powers. Widely reported cases include the Stanford/Liddell case, the Goodman/Mulcaire Royal voicemail interception, and Operation Barbatus.

[[Cliff Stanford]], and [[George Nelson Liddell]] pleaded guilty to offences under the Regulation of Investigatory Powers Act in 2005. They were found to have intercepted emails at the company Redbus Interhouse.<ref>
((cite web
|url=https://www.theregister.co.uk/2006/02/03/redbus_founder_denied_ripa_appeal/
|title=Redbus and Demon founder denied RIPA appeal • The Register
|work=The Register
|access-date=2009-05-27
))
</ref> Stanford was sentenced to six months' imprisonment suspended for two years, and fined £20,000. It was alleged Stanford had intercepted emails between Dame Shirley Porter and John Porter (Chairman of Redbus Interhouse).<ref>
((cite news
|url=http://www.timesonline.co.uk/tol/news/uk/article567117.ece
|title=Tycoon fined for e-mail spying
|newspaper=Times
|access-date=2009-05-27
| location=London | first=Lewis | last=Smith | date=16 September 2005))
</ref>
In 2007, ''[[News of the World]]'' royal editor [[Clive Goodman]] was sentenced to four months in jail for intercepting the [[voicemail]] of members of the Royal Family.<ref>
((cite news
|url=https://www.theguardian.com/media/2007/jan/26/newsoftheworld.pressandpublishing1
|title=Clive Goodman sentenced to four months
|newspaper=The Guardian
|access-date=2009-05-27
| location=London | first=Chris | last=Tryhorn | date=26 January 2007))
</ref> His associate [[Glenn Mulcaire]] received a six-month sentence.

In 2007, Operation Barbatus exposed a sophisticated criminal surveillance business organised by corrupt police officers.<ref>
((cite news
|url=http://news.bbc.co.uk/2/hi/uk_news/7034317.stm
|title='Network' of police linked to private eyes
|work=BBC News
|access-date=2009-05-27
|last=Bone
|first=Victoria
 | date=10 October 2007))
</ref> A former Metropolitan Police officer, Jeremy Young, was jailed for 27 months for various offences including six counts of conspiracy to intercept communications unlawfully.<ref>
((cite web
|url=http://cms.met.police.uk/news/convictions/six_men_jailed_for_misconduct
|title=Six men jailed for misconduct
|publisher=Metropolitan Police
|access-date=2009-05-27
))
</ref> A second former policeman, Scott Gelsthorpe, was sentenced to 24 months for offences including conspiracy to intercept communications unlawfully. 3 other former police officers and a private detective were also jailed for their part in running a private detective agency called Active Investigation Services.<ref>
((cite news
|url=http://news.bbc.co.uk/1/hi/uk/7033935.stm
|title=Former police private eyes jailed
|work=BBC News
|access-date=2009-05-27
 | date=10 October 2007))
</ref>

In 2008, four people were cautioned for 'Unlawful intercepting of a postal, public or private telecommunications scheme', under S.1(1), (2) & (7). The circumstances of the offences are not known at the time of writing.<ref>((cite web
|url=http://www.whatdotheyknow.com/request/26462/response/74338/attach/html/3/009%2010%20Table.xls.html|title=Ministry of Justice, RIPA Statistics for 2008
|publisher=Ministry of Justice – Freedom of Information
|access-date=2010-03-08
| date=21 March 2010))</ref> Three people were tried for 'Failure to disclose key to protected information' under S.53 (of which 2 were tried).  One person was tried for 'Disclosing details of Section 49 Notice' under S.54.

In August 2009 it was announced that two people had been prosecuted and convicted for refusing to provide British authorities with their encryption keys, under Part III of the Act.<ref>((cite web|url=https://www.theregister.co.uk/2009/08/11/ripa_iii_figures/ |title=Two convicted for refusal to decrypt data • The Register |first=Christopher Williams |last=Williams |work=The Register |date=11 August 2009 |access-date=18 October 2012))</ref> The first of these was sentenced to a term of 9 months' imprisonment.<ref>((cite web|url=https://www.theregister.co.uk/2009/11/24/ripa_jfl/ |title=UK jails schizophrenic for refusal to decrypt files • The Register |first=Christopher Williams |last=Williams |work=The Register |date=24 November 2009 |access-date=18 October 2012))</ref> In a 2010 case, Oliver Drage, a 19-year-old takeaway worker being investigated as part of a police investigation into a child exploitation network, was sentenced, at Preston Crown Court, to four months imprisonment.<ref>((cite web|url=https://www.bbc.co.uk/news/uk-england-11479831 |title=BBC News, 5 October 2010 |publisher=BBC |date=2010-10-05 |access-date=2012-10-19))</ref> Mr Drage was arrested in May 2009, after investigating officers searched his home near Blackpool.  He had been required, under this act, to provide his 50-character encryption key but had not complied.((citation needed|date=April 2020))<ref>((Cite book|last=Blakemore|first=Brian|title=Policing cyber hate, cyber threats and cyber terrorism|publisher=Routledge|year=2016))</ref>

In a further case in 2010 [[Poole Borough Council]] was accused of spying unfairly on a family. Although the Council invoked powers under RIPA to establish whether a family fell into a certain school catchment area, when taken before the [[Investigatory Powers Tribunal]] it was found guilty of improper use of surveillance powers.<ref>Gallop, Nick in The Constitution and Constitutional Reform p.61 (Philip Allan, 2011) ((ISBN|978-0-340-98720-9))</ref><ref>((Cite news |last=Schlesinger |first=Fay |date=2008-04-11 |title=Council uses criminal law to spy on school place applicants |language=en-GB |work=The Guardian |url=https://www.theguardian.com/society/2008/apr/11/localgovernment.ukcrime |access-date=2023-10-21 |issn=0261-3077))</ref><ref>((Cite news |last=Shepherd |first=Jessica |last2=correspondent |first2=education |date=2010-08-02 |title=Family win school catchment spying case |language=en-GB |work=The Guardian |url=https://www.theguardian.com/education/2010/aug/02/school-catchment-spying |access-date=2023-10-21 |issn=0261-3077))</ref>

==Amendments==

In October 2020 the Government introduced the [[Covert Human Intelligence Sources (Criminal Conduct) Bill]] which would permit, in certain circumstances, to authorise security, intelligence and police agencies to participate in criminal conduct during their operations.<ref>((cite web|url=https://publications.parliament.uk/pa/bills/cbill/58-01/0188/CHIS%20(CC)%20Bill%20-%20Explanatory%20Memorandum%20FINAL.pdf|title=EXPLANATORY MEMORANDUM TO THE COVERT HUMAN INTELLIGENCE SOURCES (CRIMINAL CONDUCT) BILL|date=23 September 2020|language=en|access-date=6 October 2020))</ref> This Bill would amend the RIPA where required.<ref>((cite web|url=https://publications.parliament.uk/pa/bills/cbill/58-01/0188/200188.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://publications.parliament.uk/pa/bills/cbill/58-01/0188/200188.pdf |archive-date=2022-10-09 |url-status=live|title=Covert Human Intelligence Sources (Criminal Conduct) Bill|date=23 September 2020|language=en|access-date=6 October 2020))</ref>

==Investigatory Powers Tribunal==
((main|Investigatory Powers Tribunal))
The 2000 Act established the Investigatory Powers Tribunal to hear complaints about surveillance by public bodies. The Tribunal replaced the Interception of Communications Tribunal, the Security Service Tribunal, and the Intelligence Services Tribunal with effect from 2 October 2000.

Between 2000 and 2009 the tribunal upheld only 4 out of 956 complaints.<ref>((cite web|url=http://www.iocco-uk.info/docs/2009%20Annual%20Report.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.iocco-uk.info/docs/2009%20Annual%20Report.pdf |archive-date=2022-10-09 |url-status=live|title=Reports of the Interception of Communication Commissioner|publisher=Investigatory Powers Tribunal|access-date=22 October 2015))</ref>

==See also==
* [[Human Rights Act 1998]]
* [[Investigatory Powers Act 2016]]
* [[Mass surveillance in the United Kingdom]]
* [[Phone hacking]]
* [[Rubber-hose cryptanalysis]]
* [[Plausible deniability]]
* [[Interception Modernisation Programme]]
* ''[[United States v. Boucher]]'', a case in the US courts which determined that a criminal defendant cannot be forced to reveal his encryption passphrase but ''can'' be forced to provide a plaintext (decrypted) copy of their encrypted data, if the defendant had previously willingly shown the authorities the drive's contents (i.e., having previously incriminated himself with those contents)

==References==
((Reflist|30em))

==External links==
* [http://www.fipr.org/rip/ Regulation of Investigatory Powers Information Centre (against RIP)] ((Webarchive|url=https://web.archive.org/web/20040404021113/http://www.fipr.org/rip/ |date=4 April 2004 ))
* [http://news.zdnet.co.uk/business/legal/0,39020651,39117681,00.htm Parliament "didn't understand RIP Act"] ((Webarchive|url=https://web.archive.org/web/20050121204051/http://news.zdnet.co.uk/business/legal/0,39020651,39117681,00.htm |date=21 January 2005 ))
* [http://www.informationlaw.org.uk/page15.htm Articles on aspects of RIPA and Surveillance Law] ((Webarchive|url=https://web.archive.org/web/20080926190009/http://www.informationlaw.org.uk/page15.htm |date=26 September 2008 ))
* [http://news.bbc.co.uk/1/hi/uk/7369543.stm BBC News Website (April 2008) – RIPA Spy law 'used in dog fouling war']

((UK legislation))
((2011 News Corporation scandal))

((DEFAULTSORT:Regulation Of Investigatory Powers Act 2000))
[[Category:Computing legislation]]
[[Category:Cryptography law]]
[[Category:History of telecommunications in the United Kingdom]]
[[Category:Mass surveillance]]
[[Category:United Kingdom Acts of Parliament 2000]]
[[Category:Law enforcement in the United Kingdom]]
[[Category:Home Office (United Kingdom)]]

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