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  • Cm 9152

    Draft Investigatory Powers Bill Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty November 2015

  • © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at [email protected] Print ISBN 9781474125659 Web ISBN 9781474125666 ID 30101501 11/15 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office

  • CONTENTS Foreword by the Home Secretary 1

    Guide to Powers and Safeguards 3

    Draft Investigatory Powers Bill 35

    Explanatory Notes to the Draft Bill 229

  • FOREWORD FROM THE HOME SECRETARY The means available to criminals, terrorists and hostile foreign states to co-ordinate, inspire and to execute their plans are evolving. Communications technologies that cross communications platforms and international borders increasingly allow those who would do us harm the opportunity to evade detection. The use of investigatory powers is vital to locate missing people, to place a suspect at the scene of a crime or to identify who was in contact with whom. Powers to intercept communications, acquire communications data and interfere with equipment are essential to tackle child sexual exploitation, to dismantle serious crime cartels, take drugs and guns off our streets and prevent terrorist attacks.

    The Government is committed to ensuring law enforcement and the security and intelligence agencies have the powers they need to keep us safe in the face of an evolving threat and an increasingly complicated communications environment. The Investigatory Powers Bill will do that in a way that ensures the use of those powers is subject to robust safeguards and visible, effective oversight. Over the past year, three independent reviews have been undertaken into the use and oversight of investigatory powers: by the Intelligence and Security Committee of Parliament, the Independent Reviewer of Terrorism, David Anderson QC, and a panel convened by the Royal United Services Institute. Between them, they made nearly 200 recommendations. The Government has paid attention to the findings of those reviews. The draft Investigatory Powers Bill that has been published for pre-legislative scrutiny and public consultation builds on their recommendations to bring together all of the powers available to law enforcement and the security and intelligence agencies to acquire communications and communications data and make them subject to enhanced, consistent safeguards. The provisions in the draft Bill are the product of discussion with industry, academia, technical experts and civil liberties groups. They seek to protect both privacy and security by improving transparency and through radical changes to the way investigatory powers are authorised and overseen. The draft Bill only proposes to enhance powers in one area – that of communications data retention – and then only because a strong operational case has been made. The draft Bill provides a basis for further consultation over the coming weeks and months before a revised Bill is introduced to Parliament in the New Year. The issues covered in this draft Bill are matters of national importance and will rightly be subject to scrutiny and debate. I hope that you will take the time to share your views.

    Rt Hon Theresa May MP

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  • DRAFT INVESTIGATORY POWERS BILL: GUIDE TO POWERS AND SAFEGUARDS

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  • GUIDE TO POWERS AND SAFEGUARDS: CONTENTS Context 5 Key Provisions:

    Oversight 6

    Interception 8

    Communications Data 12

    Equipment Interference 16

    Bulk Powers 20

    Key Issues:

    Internet Connection Records 25

    Protections for Sensitive Professions 27

    Obligations on Communications Service Providers 29

    Bulk Personal Datasets 31

    Investigatory Powers at a Glance 33 Consultation 34

    4

  • CONTEXT 1. The draft Investigatory Powers Bill will govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies. It builds on the work of three comprehensive reviews undertaken over the past year. Those reviews, carried out by David Anderson QC, the Independent Reviewer of Terrorism Legislation, the Intelligence and Security Committee of Parliament (ISC), and a panel convened by the Royal United Services Institute (RUSI), between them made 198 recommendations. 2. All three reviews agreed that the use of these powers will remain vital to the work of law enforcement and the security and intelligence agencies in the future. Collectively, they proposed reforms to the way these powers are overseen and recommended the introduction of consistent safeguards and greater openness. 3. The draft Investigatory Powers Bill will transform the law relating to the use and oversight of these powers. It will strengthen safeguards and introduce world-leading oversight arrangements. The draft Bill will do three things:

    o First, it will bring together all of the powers already available to law

    enforcement and the security and intelligence agencies to obtain communications and data about communications. It will make these powers – and the safeguards that apply to them – clear and understandable.

    o Second, the draft Bill will radically overhaul the way these powers are authorised and overseen. It will introduce a ‘double-lock’ for interception warrants, so that, following Secretary of State authorisation, these – and other warrants – cannot come into force until they have been approved by a judge. And it will create a powerful new Investigatory Powers Commissioner (IPC) to oversee how these powers are used.

    o Third, it will make sure powers are fit for the digital age. The draft Bill will make provision for the retention of internet connection records (ICRs) in order for law enforcement to identify the communications service to which a device has connected. This will restore capabilities that have been lost as a result of changes in the way people communicate.

    4. This guide provides an overview of the key provisions in the draft Investigatory Powers Bill. It should be read alongside the draft Bill and the accompanying Explanatory Notes, which have been published at the same time for public consultation and pre- legislative scrutiny.

    5

  • OVERSIGHT What happens now? 5. The UK’s system of oversight for law enforcement and the security and intelligence agencies’ use of investigatory powers is provided for in different Acts of Parliament. These include the Regulation of Investigatory Powers Act 2000 (RIPA), the Police Act 1997, and the Justice and Security Act 2013 (JSA). Oversight of the powers and their use is carried out by a number of different bodies. 6. Parliamentary oversight is carried out by the cross-party ISC, whose powers were strengthened by the JSA. Independent non-Parliamentary oversight is carried out by:

    The Interception of Communications Commissioner (IoCC) who oversees how public authorities use their interception and communications data powers under RIPA and powers under section 94 of the Telecommunications Act.

    The Chief Surveillance Commissioner (CSC) who oversees how law enforcement agencies use covert surveillance powers and covert human intelligence sources under RIPA Part II and the Police Act 1997.

    The Intelligence Services Commissioner (ISCom) who oversees how the intelligence agencies use the powers available to them under RIPA Part II (covert surveillance and covert human intelligence sources) and the Intelligence Services Act 1994.

    Right of redress 7. The Investigatory Powers Tribunal (IPT) investigates complaints that law enforcement and the security and intelligence agencies have used their covert investigative techniques unlawfully or claims that the intelligence or law enforcement agencies have breached human rights legislation. It is an independent Tribunal comprised of judges and senior members of the legal profession. Why does oversight need to change? 8. The reports published by David Anderson QC, the ISC and the RUSI panel all agreed that our oversight regime should be strengthened. The present system of three separate oversight bodies with overlapping responsibilities and distinct identities is more confusing than a single, authoritative body which has all the skills and resources it needs. What will happen in the future? 9. The draft Bill will create a single new independent and more powerful IPC. The Commissioner will be properly supported and will have a significantly expanded role in authorising the use of investigatory powers and a wide-ranging and self-determined remit to oversee any aspect of how law enforcement and the security and intelligence agencies use the powers and capabilities available to them.

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