RIPA

Question 1

Regulation and Investigatory Powers Act (RIPA) 2000

Answer 1

legislation for conventional surveillance powers and the use of covert human intelligence sources

Question 2

What is communication data?

Answer 2

information about a communication (context but not what was written/said)
Entity data
Events data

Question 3

Targeted equipment interference

Answer 3

law enforcement interfering with equipment for:

• Equipment data – data associated with a communication, person, system, event, location
• Communication (cannot be in the course of transmission as this could be unlawful intercept)

Question 4

What is equipment data?

Answer 4

data associated with a communication, person, system, event, location

Question 5

Targeted interception

Answer 5

intercepting communication in the course of transmission.

Can only be done by NCA, HMRC, Police Scotland, MPS and Police Service of Northern Ireland (for interests of national security, crime purposes, public safety, economic wellbeing relevant to national security, preventing death or injury, to identify those who have died, those unable to identify themselves or info about next of kin or reason for death)

Question 6

Updating RIPA

Answer 6

Investigatory Powers Act 2016

Question 7

Internet connection records

Answer 7

Records of websites viewed on mobile devices

Question 8

Investigatory powers commissioner

Answer 8

heads up investigatory powers commissioner’s office (IPCO) - independent oversight body for investigatory powers in IP, RIPA and Police Act.

Question 9

Investigatory powers commissioner’s office

Answer 9

• Approves use of investigatory powers
  
  • Inspects public authorities on their use
  • Informs parliament and public about need for and use of powers

Question 10

Investigatory Tribunal

Answer 10

hears complaints about public authorities use of investigatory powers

Question 11

Office for communications data authorisation

Answer 11

independent body set up under IP Act to process communications data from public authorities and make decisions on those applications

Question 12

Offences under Regulation of Investigatory Powers Act (RIPA) & Investigatory Powers Act (IP)

Answer 12

• Unlawfully obtaining communications data - must be voluntary and intentional or reckless
• Offences under Computer Misuse Act 1990 - need targeted equipment interference warrant
• Unlawfully intercepting communications - intentionally and without authority, intercept communication in the course of transmission
• Unauthorised disclosure - Telecommunications officer cannot disclose info

Question 13

Changes to communications data under IP Act

Answer 13

• Any communication data application for the purpose of identifying a journalistic source must be authorised by OCDA authorising officer and then approved by judicial commissioner
• Must retain internet connection records for up to 12 months
• Authorising individuals - has the power to authorise acquisition of communications data.
• Removes 3 statutory purposes from RIPA
  
  • For the purpose of protecting public health
  • For the purpose of assessing or collecting tax or charge payable to a government department
    
    • For the purpose of exercising functions relating to the regulation of financial services

Question 14

Entity data

Answer 14

about entities or links between them.

Does not include information about individual events.

Individuals (name, contact details), groups (discount calls), objects (manufacturer, serial number).

Inspector and superintendent

Question 15

Events data

Answer 15

info about time-bound events taking place across a telecommunication system at a time interval e.g. location of devices, cell mast data, call records, services subscribed to. Superintendent

Question 16

Criminal cases review commission (CCRC)

Answer 16

assists investigations into alleged miscarriages of justice