15.
RECOMMENDATIONS
PRELIMINARY POINTS
My task is not to adjudicate, but to design a better system. It should not be
inferred from any suggestion for change that I consider the current
arrangements to be unlawful.
These recommendations aim to chart a course, but not to provide for every
eventuality. They should be read accordingly.
GENERAL
1.
RIPA Part I, DRIPA 2014 and Part 3 of CTSA 2015 should be replaced by a
comprehensive new law, drafted from scratch, which:
(a)
affirms the privacy of communications;
(b)
prohibits interference with them by public authorities, save on terms specified;
and
(c)
provides judicial, regulatory and parliamentary mechanisms for authorisation,
audit and oversight of such interferences.
2.
The new law should amend or replace RIPA Part IV. If Recommendation 82 below
is adopted, changes will also be needed to Police Act 1997 Part III, RIPA Parts II and
III and RIP(S)A.
3.
The new law should be written so far as possible in non-technical language.
4.
The new law should be structured and expressed so as to enable its essentials to be
understood by intelligent readers across the world.
5.
The new law should cover all essential features, leaving details of implementation
and technical application to codes of practice to be laid before Parliament and to
guidance which should be unpublished only to the extent necessary for reasons of
national security.
6.
The following should be brought into the new law and/or made subject to equivalent
conditions to those recommended here:
(a)
the general power under TA 1984 s94, so far as it relates to matters covered
by this Review (cf. ISC Report, Recommendation VV);
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