PART II: CURRENT POSITION
Part II of the Report (CURRENT POSITION) explains the international
legal backdrop, the current powers and the way in which they are used.
Chapter 5 (LEGAL CONSTRAINTS) sets out the legal framework
which governs action in this field. In the absence of a written
constitution, the chief limitations on freedom to legislate are those
imposed by the ECHR and (within its field of application) EU law.
Chapter 6 (POWERS AND SAFEGUARDS) summarises the
existing UK laws under which public authorities may collect and
analyse people’s communications, or records of their
communications. It introduces the key concepts and summarises
the various powers both under RIPA and outside it, together with the
principal oversight mechanisms.
Chapter 7 (PRACTICE) explains how those powers are applied in
practice by intelligence, police, law enforcement and others, touching
also on data-sharing, bulk personal datasets and the recentlyavowed power of computer network exploitation.
Chapter 8 (COMPARISONS) provides three sets of benchmarks
which may assist in working out how UK law on investigatory powers
should look. These are:
o
other forms of surveillance (directed and intrusive
surveillance, property interference, CHIS &c.),
o
the laws of other countries, particularly in Europe and the
English-speaking world, and
o
the use made of individuals’ communications by service
providers, retailers and other private companies.
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