IPCO Annual Report 2018
2. Legal and Policy
Overview
2.1
Policy and operational developments can have a substantial effect on the work of the
Investigatory Powers Commissioner’s Office (IPCO) and the powers we oversee can be the
subject of direct and indirect challenge in the UK and European courts. In the recent past
we have seen attempts to strike down both the relevant legislation and individual powers.
We monitor these cases with care given they can directly affect our oversight role and we
provide such assistance as the courts or Investigatory Powers Tribunal (IPT) may reasonably
require of us.
2.2
This chapter gives an overview of the key legal and policy issues that impacted on IPCO
in 2018.
Implementation of the Investigatory Powers Act 2016 (IPA)
2.3
The introduction of the ‘double lock’ (as defined overleaf) has established a crucial
new element to judicial oversight of the UK’s intelligence and security agencies, giving
Judicial Commissioners (JCs) the responsibility of independently reviewing authorisations
sought under the Act. Before commencing this role, the JCs undertook extensive training,
covering the work of the intelligence and law enforcement agencies and how each power
is used operationally. These briefings, which were made possible by the provision of a
substantial dedicated team from the intelligence agencies, significantly contributed to
the JCs’ understanding of the operation of investigatory powers before and after the
commencement of the double lock on 27 June 2018.
2.4
The relevant sections of the Investigatory Powers Act 2016 (IPA) commenced in stages from
June 2018, as follows:
Date
Public authority
Change
27 June 2018
UK Intelligence Community
(UKIC) and the Ministry of
Defence (MOD)
Double-lock of all warrants, except bulk personal
and bulk communications data (BCD)
22 Aug 2018
UKIC
Double-lock of bulk personal and BCD warrants
26 Sept 2018
Law Enforcement
Agencies (LEAs)
Double-lock of targeted interception warrants
5 Dec 2018
LEAs
Applications for targeted equipment interference
submitted under the IPA
5 February 2019
All authorities with CD
powers
Changes to serious crime provisions and
statutory purposes for communications data
(CD) applications
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