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Consultation on Draft Investigatory Powers Codes of Practice

I am today announcing the publication of the Government’s consultation on two draft Codes of Practice. One is an update of the existing Code of Practice on the interception of communications. The other is a new Code on equipment interference. Both Codes are made under s.71 of the Regulation of Investigatory Powers Act 2000 (RIPA), which contains a requirement for Codes of Practice to guide those who use the powers for which the Act provides.

These Codes of Practice reflect the Government’s commitment to increase transparency around the nature, authorisation and use of investigatory techniques. The draft Codes reflect the current safeguards applied by the relevant Agencies. Those Agencies will continue to comply with the provisions of the draft Codes throughout the consultation period and until and if the Codes are formally brought into force.

The proposed update to the Code of Practice on Interception includes new details about the operation of the regime for the interception under RIPA of communications sent or received from outside of the British Islands. Further information is also included about the safeguards for the interception of legally privileged communications, which makes clear that under no circumstances would it be appropriate for any public authority to use such communications in order to gain an unfair advantage in litigation.

The draft Equipment Interference Code explains the circumstances and procedures that must be followed before the Security and Intelligence Agencies can interfere with electronic equipment, such as computers, and the rules that must apply to the processing, retention, destruction and disclosure of any information obtained by means of the interference. It also makes clear the role of the independent Intelligence Services Commissioner in overseeing the Intelligence Services’ use of this capability.

Together, these Codes of Practice make more information publically available about the stringent safeguards that the Security and Intelligence Agencies apply in their use of investigatory powers. I believe that increasing the transparency of their activities, where this can be done without damaging national security, is essential to building public support in their functions.

The consultation will last six weeks. Copies of the consultation document and draft Codes will be placed in the House Library. Online versions will be available at: www.gov.uk/government/consultations/.