CHAPTER 12: CIVIL SOCIETY
12.28. Many submissions were of the view that this distinction should be abolished. At the
very least, even if there is some relevance to such a distinction, the justification for
two entirely separate regimes is not apparent. As with the internal/external distinction,
the commonality of such a distinction in other regimes was not seen as a reason to
preserve it in the face of illogicality.
Simplify and define important concepts
12.29. There are a number of elements of the regime which many regard as opaque, and
which could be clarified, defined and explained. These include, e.g.:
(a)
the extent to which s16 permits the selection of and access to internal
communications, which currently is far from clear, and some argue in essence
provides a “third type of warrant”;29
(b)
what is an “external” communication;
(c)
what is included within “content”;
(d)
the factors to be considered in determining whether interception is “necessary
and proportionate”;
(e)
the system to be put in place where the requisite Secretary of State is not
available to sign a warrant for interception;
(f)
the operation and scope of the newly avowed “thematic warrants”;
(g)
the different categories of communications data, including perhaps a specific
definition of geo-location data;30 and
(h)
the operation and extent of the extra-territoriality provisions introduced by
DRIPA 2014.
12.30. These clarifications must be, it is argued, sufficiently detailed to allow civil society and
others to see on the face of the statute, Code of Practice or published guidance what
is permissible and what is not. Submissions pointed to the use of RIPA to gather the
communications data of the Tom Newton Dunn, the political editor of the Sun
newspaper, as an example of insufficient detail leading to practices which do not have
broad support and which were not generally understood to be within the scope of the
legislation.31 This is a matter which is to be considered by the IPT.32
12.31. Moreover, if investigatory powers remain authorised by a range of statutes, the
operation and clarification of the different elements, and which is to take precedence,
29
30
31
32
See Caspar Bowden’s submission to the Review. Similar concerns were raised by Open Rights Group,
Liberty, Graham Smith and Peter Gill.
See Big Brother Watch’s submission.
Reported, for example in “Plebgate: Met obtained phone records of Sun political editor without consent”,
the Guardian, 2 September 2014.
See “Sun makes official complaint over police use of Ripa against journalists, the Guardian website, 6
October 2014.
222