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Topic: Regulation of Investigatory Powers Act 2000


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In the News (Thu 24 Dec 09)

  
  Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
An Act of the Scottish Parliament to regulate surveillance and the use of covert human intelligence sources.
but the provisions of this Act or the 1997 Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
www.opsi.gov.uk /legislation/scotland/acts2000/20000011.htm   (3776 words)

  
  Regulation of Investigatory Powers Act 2000 - Wikipedia, the free encyclopedia
Acts of Parliament of the Kingdom of England to 1659
Acts of Parliament of the Kingdom of Scotland
Acts of Parliament of the Kingdom of Ireland
en.wikipedia.org /wiki/Regulation_of_Investigatory_Powers_Act_2000   (664 words)

  
 Best and McCusker, 'The Scrutiny of the Electronic Communications of Businesses' [2002] 1 Web JCLI
However, the 2000 Act is not a panacea and the powers granted to public authorities and private bodies may be criticised for failing to give sufficient weight to the human rights of those whose communications are intercepted.
While the 2000 Act provides (section 49(2)) that a notice requiring disclosure by the key holder of encrypted information may be given on reasonable grounds, it also provides that, where there appears to be more than one person in possession of the key, notice will not be given (section 49(5) and (6)).
To conclude, in the context of interception by public authorities, the 2000 Act seems to be adequately drafted in terms of allowing public authorities sufficient powers of interception and disclosure.
webjcli.ncl.ac.uk /2002/issue1/kb-rm1.html   (7823 words)

  
 Data protection / Regulation of Investigatory Powers Act 2000   (Site not responding. Last check: 2007-11-03)
The Regulation of Investigatory Powers Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000, SI 2000/2543 brought most of the Act into force on 25th September and 2nd October 2000 (section 1(3), concerning interception by controllers of private telecom systems, came into force on 24th October 2000).
The phone interception was unlawful under the Regulation of Investigatory Powers Act 2000 as the employer had not given express warning that it might listen in to phone calls (see Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 SI 2000/2699 reg 3).
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 SI 2000/2471 and Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2000 SI 2000/2418 prescribe which official bodies etc are "designated persons" for the purposes of granting authorisations under sections 28 and 29 of the Act.
emplaw.co.uk /load/4frame/data/1708001.htm?...+Powers+Act+2000   (3466 words)

  
 Regulation of Investigatory Powers Act - Workplace Law Network - Workplace Law Network
The structure of the Act is to put in place limitations to prevent interception of communications on a private telecommunications system, which includes for example an office network system attached to the public system by a private exchange.
Under the Act, the Secretary of State was also given the power to issue regulations, allowing businesses and public authorities to intercept communications without the consent of the sender and recipient, in specific purposes which were acceptable because the interception would be for the lawful business practice.
Even then however the RIP Regulations state that the system must be being used and the communication must be for the employer’s business and all reasonable efforts should already have been made to inform individuals that interception may occur.
www.workplacelaw.net /news/display/id/446   (1194 words)

  
 Baker & McKenzie - Global E-Commerce Law -- United Kingdom   (Site not responding. Last check: 2007-11-03)
Regulation of Investigatory Powers Act 2000 (Explanatory Notes to the Regulation of Investigatory Powers Act 2000)
Scope: The main purpose of the Act is to ensure that the relevant investigatory powers are used in accordance with human rights.
This Order modifies various provisions of the Companies Act 1985 by authorising the use of electronic communications between companies and their members, debenture holders and auditors, and between companies and the registrar of companies.
www.bakernet.com /ecommerce/uk-t.htm   (491 words)

  
 Regulation of Investigatory Powers Act 2000
Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public.
Braille copies of this Act can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
www.legislation.hmso.gov.uk /acts/acts2000/20000023.htm   (357 words)

  
 JISC Legal - Monitoring, Surveillance and E-Security
These Acts were brought in to update the previous legislation, the Interception of Communications Act 1985 (part of which is repealed by the Act) in light of the huge advances made in communications technology in recent years.
The Regulations were brought into force as a result mainly of lobbying by the business community to set out the circumstances in which communications may be lawfully intercepted without consent.
The Regulation of Investigatory Powers Act was brought into force as a means of protection against the wrongful use of the technology and to regulate the extent to which government and other official agencies may intercept communications.
www.jisclegal.ac.uk /esecurity/Archived_esecurity.htm   (4909 words)

  
 Regulation of investigatory Powers Bill
In section 58(1) of the Post Office Act 1953 (opening or delaying of postal packets by officers of Post Office), after "the Interception of Communications Act 1985" there shall be inserted "or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000".
In paragraph 17(b) of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), for "the Interception of Communications Act 1985" there shall be substituted "Chapter I of Part I of the Regulation of Investigatory Powers Act 2000".
In paragraph 8(1) of Schedule 3 to the Terrorism Act 2000 (procedure of the Proscribed Organisations Appeal Commission), for "Section 9(1) of the Interception of Communications Act 1985" there shall be substituted "Section 16(1) of the Regulation of Investigatory Powers Act 2000".
www.publications.parliament.uk /pa/cm199900/cmbills/064/00064--r.htm   (1561 words)

  
 Gillespie, 'The Legal Use of Participating Informers', [2000] 5 Web JCLI
The Regulation of Investigatory Powers Act 2000 does, for the first time, place the use of informers and other undercover agents onto a statutory basis.
However the Act and its Codes are not particularly forthcoming when it comes to the use of participating informers, those informers who are allowed to become involved with crime in order to provide information for the police.
The Act had a difficult and controversial passage through Parliament yet the use of informers passed by almost unscrutinised, and participating informers were barely considered.
webjcli.ncl.ac.uk /2000/issue5/gillespie5.html   (2895 words)

  
 [No title]
To ensure compliance all covert surveillance falling within the scope of the Act, carried out by officers of the Council, or agents acting on the Council’s behalf, must be authorised by a designated ‘Authorising Officer’ in the form prescribed in the procedure.
Investigations which fall within the scope of the Act, which are not authorised, could leave the Council open to legal challenge by individuals who consider that there has been an intrusion into their privacy.
Covert Human Intelligence Sources (CHIS) 4.1 The provisions of the 2000 Act are not intended to apply in circumstances where members of the public volunteer information as part of their normal civic duties, or to contact numbers set up to receive information e.g.
www.wrexham.gov.uk /assets/word_files/keydocs/ripa_policy.doc   (3143 words)

  
 Regulation of Investigatory Powers Act 2000
The Act regulates the power of government security services and law enforcement authorities by allowing the interception, surveillance and investigation of electronic data in specified situations such as when preventing and detecting crime.
In addition, the Act empowered the Secretary of State to make regulations which allow businesses to intercept communications in the course of lawful business practice and in specific circumstances without the express consent of either the sender or the recipient.
Under the regulations, businesses are required to make all reasonable efforts to inform users of their own systems that such interceptions might take place.
www2.warwick.ac.uk /services/its/policies/ripa   (763 words)

  
 Regulation of Investigatory Powers Act 2000
The Regulation of Investigatory Powers Act 2000 (RIPA) is concerned with the regulation of surveillance by public authorities in the conduct of their legitimate business.
RIPA defines categories of Public Authorities regulated by the Act together with acts of surveillance, which must be subject to a formal written procedure for both authorisation and conduct.
The Council is defined as a Public Authority to which the Act applies by virtue of  Section 1 of the Local Government Act 1999.
www.lbwf.gov.uk /index/legal/regulation-investigation.htm   (1351 words)

  
 Stafford Borough Council - The Regulation of Investigatory Powers Act 2000   (Site not responding. Last check: 2007-11-03)
Stafford Borough Council - The Regulation of Investigatory Powers Act 2000
The Act aims to make the collection of information which is obtained by covert surveillance, reliable and fair in terms of those who are being surveyed and those who intend to rely on the information in the future.
The Act seeks to work with the Human Rights Act 1998 to ensure that the rights of individuals are not denied when covert surveillance is undertaken.
www.staffordbc.gov.uk /static/page378.htm   (199 words)

  
 Business Analysis of RIP Statutory Instrument
The interception of content data is regulated by warrants that have to be issued by the Home Secretary on the application of a number of specified people, who are generally those in charge of the police, the security services or HM Customs and Excise.
If these Regulations are brought into force, then a very wide variety of public bodies are going to have the right to come along to any one operator of an electronic communications system or service and require them to collect particular types of communications data and then hand it over.
However, under the Regulation of Investigatory Powers Act 2000, it is possible for a designated person to serve a notice on you requiring you to collect this data and to hand it over.
www.stand.org.uk /privacy/riporderbusiness.html   (2791 words)

  
 Public Consultation on RIP Act
The covert surveillance regulated by the 2000 Act and covered by this code is in two categories: intrusive surveillance and directed surveillance.
1.4 There is nothing in the 1994 Act, the 1997 Act or Part II of the 2000 Act comparable to section 17 of the 2000 Act, the effect of which is to exclude intercept material from being adduced in evidence in court proceedings.
The provisions of the 2000 Act and this code cover those activities where a relationship is established, maintained or used specifically to obtain or provide covert access to information about the private or family life of another person.
cryptome.sabotage.org /rip-pc.htm   (19494 words)

  
 Regulation of Investigatory Powers Act (2000) - Commentary
This document summarises the incursions into civil liberties of the Regulation of Investigatory Powers Act (RIPA), which was passed in the UK in July 2000.
The act's "interception warrants" can be served for purposes of "national security", "preventing or detecting serious crime" or "safeguarding the economic well-being of the UK".
Furthermore there is no requirement that the design of such equipment be public, and given the tone of the act and the secretive nature of the government organisations likely to use this (GCHQ, MI5) it is likely such designs would remain secret.
www.magnacartaplus.org /bills/rip   (1169 words)

  
 [No title]
The Regulation of Investigatory Powers Act 2000 (RIPA) updates the law on the interception of communications to take account of technological change such as the growth of the internet.
It also puts other intrusive investigative techniques on a statutory footing for the very first time, provides new powers to help combat the threat posed by rising criminal use of strong encryption, and ensures that there is independent judicial oversight of the powers in the Act.
The main purpose of the Act is to ensure that the relevant investigatory powers are used in accordance with human rights.
www.hart.gov.uk /apendix_g   (1268 words)

  
 RIP Act
The main purpose of the Act is to ensure that the relevant investigatory powers are used in accordance with human rights.
This relates to the powers and duties conferred or imposed under Chapter II of Part I of the Act.
That said, however, s.72 (2) of the Act states that: "A failure on the part of any person to comply with any provision of a code of practice...shall not of itself render him liable to any criminal or civil proceedings." Although it shall be admissible as evidence in any criminal or civil proceedings.
www.seeleysolutions.com /articles/rip1.html   (766 words)

  
 Regulation of Investigatory Powers Act 2000
In other words this act is about defining the powers the government and its security, intelligence and communications bodies will have to snoop on electronic communications and data.
You may argue that the government should have some such powers for purposes of national security, or fighting crime, but you wouldn't want to give it the legal power to monitor all electronic communications that the public makes on the off chance of catching people committing crimes.
The act allows the government to issue an interception warrant to an ISP (or even a mobile phone company) for some communications data, on vague grounds such as "national security", "preventing or detecting crime" or even "safe guarding the economic well being of the UK".
www.tardis.ed.ac.uk /~james/politics/RIPbill.html   (1902 words)

  
 VOA - Publications - CS IA 231203 - The Regulation of Investigatory Powers Act 2000
Attention is drawn in particular to the guidance on the use of cameras in sections 2.5 and 2.6.
It also regulates the way in which those activities are carried out to ensure that a person’s rights of privacy under Article 8 of the Human Rights Act 2000 are only interfered with when necessary.
The definition of a CHIS in the Act is such that if a member of the public (whether anonymous or named), supplies unsolicited information, they are not a CHIS.
www.voa.gov.uk /publications/CouncilTaxIas/031223-cs-ia.htm   (956 words)

  
 The RIP Act | Today's issues | Guardian Unlimited
Critics say the act is a gross invasion of privacy which will scupper e-commerce in Britain; the government argues it is necessary to crack down on internet crime and paedophilia.
If intercepted communications are encrypted (encoded and made secret), the act will force the individual to surrender the keys (pin numbers which allow users to decipher encoded data), on pain of jail sentences of up to two years.
A fiercely critical British Chambers of Commerce (BCC) report estimates the RIP Act could cost business £46bn in the first five years of operation, as ISPs are compelled to install costly fl boxes, e-commerce firms are forced out of the country and new firms are dissuaded from basing their operations in the UK.
www.guardian.co.uk /theissues/article/0,6512,334007,00.html   (878 words)

  
 Hamiltons Solicitors
The Regulation of Investigatory Powers Act 2000 (RIP) is now in force after a troubled passage through parliament and much criticism from the e-commerce sector.
Under the new Act UK courts must interpret all primary and secondary legislation (basically Acts and Regulations) so far as it is possible in a way which is compatible with ECHR rights.
The Act seeks to establish a single legal framework for the interception of all communications in the UK - whether they are via public telecommunications systems (such as BT), postal systems (such as the Royal Mail) or by private telecommunications systems attached to a public network (e.g.
www.btinternet.com /~hamiltons/rip2.htm   (1651 words)

  
 guichett - 32000L0031 -
Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider.
This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information.
When Member States adopt the measures referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication.
eur-lex.europa.eu /smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32000L0031&model=guichett   (4987 words)

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