The Investigatory Powers Act 2016 has received Royal Assent. It replaces much of the Regulation of Investigatory Powers Act 2000 (RIPA) and brings UK interception, communications data, equipment interference and bulk powers into a single framework with a new system of judicial oversight.
Relevant points for organisations
- A new offence of unlawful interception (section 3).
- Lawful interception by businesses for monitoring and record-keeping purposes continues under regulations, provided users are properly informed.
- Retention, technical capability and national security notices can be served on “telecommunications operators”, a broad definition that can include private networks.
Organisations that monitor their own networks and communications should review their acceptable use policies, monitoring notices and data protection impact assessments to ensure monitoring remains lawful, transparent and proportionate.
Source: Investigatory Powers Act 2016 (legislation.gov.uk)
This update is general information, not legal advice. If you would like help assessing the impact on your information security or privacy programme, contact us.
