The Regulation of Investigatory Powers Act 2000 (RIPA) and Investigatory Powers Act 2016 (IPA) legislation applies to all public authorities and law enforcement agencies within the United Kingdom, the primary purpose to govern the use of covert surveillance, interception of communications and how information is acquired by the use of covert investigation tactics.  

Whilst the requirements of the European Convention on Human Rights, Human Rights Act 1998, UK General Data Protection Regulation (GDPR) and the Data Protection Act impact on any local authority officers who wish to undertake investigatory or enforcement activities, the RIPA and IPA legislation set out rules on how such investigative powers can be used, by balancing investigative intentions against the protection of individuals’ data privacy rights.

Through this legislation, local authorities can make use of a limited range of investigatory powers, including;

• Directed surveillance
• Covert human intelligence sources (CHIS)
• Acquisition of communications data (CD) 

What does the RIPA and IPA legislation cover? 

Surveillance and Covert Human Intelligence Sources (CHIS) 

RIPA outlines the law surrounding conducting surveillance on individuals. It specifies how authorities are allowed to conduct such investigations and under what circumstances, including the use of Covert Human Intelligence Sources (use of informants or undercover officers). Staff undertaking surveillance are required to obtain specific authorisation from a relevant Senior Officer. 

Investigating personal communications 

The Investigatory Powers Act 2016 permits limited access to communications data (obtaining subscriber information of a telephone number or internet user, for example) provided the investigatory activity is lawful, necessary, proportionate and non-discriminatory.  

Everyone has a fundamental right to privacy. This means amongst other things, a right not to be observed covertly, have communications monitored or have their personal activities scrutinised.

This right is contained in Article 8 of the European Convention on Human Rights:
“Everyone has the right to respect of his private and family life, his home and his correspondence.”  

Public authority staff should be mindful of these rights and their professional obligations when considering the use of these powers, including when surveillance may be carried out and whether it is regulated by this legislation or not, what authorisation criteria must be met, whether they have fit for purpose and updated RIPA policies and procedures, the implications of the relevant Codes of Practice and best practice in the application and authorisation process.

Where public authority officers contemplate any such surveillance it must be appropriately authorised under the act to ensure it is lawful and does not infringe a person’s human rights. 

The complexities of RIPA, which are often the responsibility of the SIRO and involve information governance teams, are complicated. Our team of RIPA experts includes former police officers who have been responsible for leading operations involving complex surveillance and CHIS operations and those who have undertaken the role of the RIPA Senior Authorising Officer. 

We regularly provide guidance on the legislative requirements of the relevant legal powers available to local and national authorities through our RIPA specific training and managed service, designed to support public authorities and their officers to comply with the requirements of the European Convention on Human Rights, the Human Rights Act 1998, the Regulation of Investigatory Powers Act 2016 and the Regulation of Investigatory Powers Act 2000 when undertaking any covert investigative activities which may interfere with a person’s right to respect for private and family life, home and correspondence. 

Our RIPA provision includes practical training on the use and application of investigatory powers, delivered by experienced surveillance practitioners.  They draw on personal experience and real-life case studies to provide a thorough understanding of the RIPA legislation. We offer open courses on RIPA, one for investigators and enforcement officers and one for authorisation officials. To find details of these please visit our Online Courses page on the website here.

Our next RIPA for Local Authorities – Authorisation and Oversight for Senior Officers will be Monday 17th March, 09:30am – 12:30pm.

Our next RIPA for Local Authorities – A Practical Approach for Enforcement Officers will be Monday 17th March, 1:30pm – 4:30pm.

These courses can also be delivered bespoke, which is often the most cost-effective option and are becoming an increasingly popular service offering.  

Other options include a complete RIPA managed service that ensures our expert team will, on your behalf: 

• monitor the use of Covert Human Intelligences Sources (CHIS) 

• assist investigative officers and practitioners to apply for the use of investigatory powers 

• mentor Authorising Officers in their approval powers and legal requirements 

• verify the level of planned surveillance within the limits of the legislation

• assist to obtain the necessary judicial approval for covert activity 

• monitor the use of these powers by your department or organisation

• have due regard to the Home Office Codes of Practice 

• ensure authorisations are granted by the appropriately trained and designated officers 

• ensure staff (and contractors) are appropriately trained to carry our surveillance activity 

• support and investigate any complaints about its use 

• assist and support compliance with the requirements of the Investigatory Powers Commissioner’s Office (IPCO) who oversee the use of covert investigatory powers by public authorities. 

We also offer ‘on-the-ground’ practical surveillance training, at your own site, throughout the UK. 

To find out more about our RIPA training and consultancy and how we can assist further with your investigations or any data protection query, please do get in touch.