Joint Committee on the Draft Investigatory Powers Bill
Draft Investigatory Powers Bill
Report of Session 2015-16 - published 11 February 2016 - HL Paper 93 - HC 651
Contents
Conclusions and recommendations
The purpose of pre-legislative scrutiny
The timescale for this inquiry
2 Legal and policy context of the draft Bill
The current legislative framework
The Draft Communications Data Bill
European law and the Data Retention and Investigatory Powers Act 2014
Recent Reviews of Investigatory Powers in the UK
Concurrent parliamentary inquiries
The case for Targeted Interception
The background to Communications Data
The case for Communications Data
The intrusiveness of communications data and privacy risks
Definitions of communications data
Public bodies who may obtain communications data
Purposes for which communications data may be obtained
The purposes for which ICRs can be used
Security of retained data and privacy risks
Definitions of telecommunications provider and telecommunications service
The case for Equipment Interference
The case against Equipment Interference
Criticism of Equipment Interference
Bulk acquisition of communications data
Lack of information about BPDs
Authorising interception in Scottish psychiatric hospitals
Targeted Equipment Interference
Differences in authorisation and modification for law enforcement and
intelligence agencies
Discrepancy between draft Bill and Code of Practice
Issues common to targeted interception and targeted equipment interference
warrants
Communications Data and Internet Connection Records
Authorisation for Targeted Communications Data and ICRs
Serious Fraud Office authorisation
Emergency authorisation procedures
Powers to modify Clause 54 and Schedule 4
Necessity and Proportionality test
Technical Capability notices and National Security notices
Process for issuing these notices
Data sharing and Extraterritoriality
Safeguards for data sharing overseas
Dangers and difficulties of asserting extraterritoriality
Commissioners or a Commission?
Creation of a single oversight body
Re-appointment and length of terms
Power to modify the functions of the Judicial Commissioners
Impact of authorisation and oversight functions being exercised by the same body
Error-reporting and notification
Powers and duties of the Judicial Commissioners
Constraint on Judicial Commissioners
Whistle blowers and the Judicial Commissioners
The Investigatory Powers Tribunal
Review of procedures and processes
Privacy and Civil Liberties Board
The inadmissibility of intercept material as evidence
Disclosure of intercept evidence to judges and prosecutors
Power to make consequential provision
Publication of codes of practice
Bulk data, automated analysis and the right to privacy
Appendix 1: Members and interests
Appendix 3: Delegated Powers Memorandum
Appendix 4: Human Rights Memorandum
Appendix 5: List of abbreviations