90
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
High Court, Court of Appeal and Supreme Court, and a technical advisory
panel of scientific experts).
198. The remainder of the 2016 Act is not yet in force.
199. In terms of safeguards, when it enters into force in full the Act will
require that bulk interception and bulk equipment interference warrants may
only be issued where the main purpose of the interception is to acquire
intelligence relating to individuals outside the United Kingdom, even where
the conduct occurs within the United Kingdom. Similarly, interference with
the privacy of persons in the United Kingdom will be permitted only to the
extent that it is necessary for that purpose. It will also introduce a “doublelock” for the most intrusive surveillance powers, meaning that a warrant
issued by the Secretary of State will also require the approval of one of the
appointed Judicial Commissioners. There will also be new protections for
journalistic and legally privileged material, including a requirement for
judicial authorisation for the acquisition of communications data identifying
journalists’ sources; tough sanctions for the misuse of powers, including the
creation of new criminal offences; and a right of appeal from the IPT.
200. In addition, the new Act will consolidate and update the powers
available to the State to obtain communications and communications data. It
will provide an updated framework for the use (by the security and
intelligence services, law enforcement and other public authorities) of
investigatory powers to obtain communications and communications data.
These powers cover the interception of communications, the retention and
acquisition of communications data, and equipment interference for
obtaining communications and other data. The Act also makes provision
relating to the security and intelligence services’ retention and examination
of bulk personal datasets.
201. On 23 February 2017 the Home Office launched a public
consultation on the five draft codes of practice it intends to issue under the
2016 Act (on the Interception of Communications, Equipment Interference,
Bulk Communications Data Acquisition, Retention and Use of Bulk
Personal Datasets by the Security and Intelligence Agencies and National
Security Notices), which will set out the processes and safeguards
governing the use of investigatory powers by public authorities. They will
give detail on how the relevant powers should be used, including examples
of best practice. They are intended to provide additional clarity and to
ensure the highest standards of professionalism and compliance with the
relevant legislation. Following the closure of the consultation on 6 April
2017, the draft codes were further amended and Regulations bringing them
into force will be laid and debated before Parliament. They will only come
into force when they have been debated in both Houses of Parliament and
approved by a resolution in both Houses.