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Investigatory Powers Act

GCHQ's mission is predominantly governed by the Investigatory Powers Act 2016

On Tuesday 29 November 2016, the Investigatory Powers Bill received Royal Assent and become known as the Investigatory Powers Act 2016. It  provides a new framework to govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies. 
 

The act does three things: 

  1. Brings 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. 

  2. Radically overhauls the way these powers are authorised and overseen. It introduces 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 creates a powerful new Investigatory Powers Commissioner to oversee how these powers are used. 

  3. Ensures powers are fit for the digital age. It makes provision for the retention of internet connection records 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. 


From 27 June 2018, the interception of communications operations became authorised under the Investigatory Powers Act 2016. Warrants authorising interception can only be issued by a Secretary of State, and must be approved by an independent Judicial Commissioner from the Investigatory Powers Commissioner's Office.  

 

Before an interception warrant can be issued, the Secretary of State must believe that a warrant is necessary on certain, limited grounds, and that the interception is proportionate to what it seeks to achieve. 


These grounds are that interception is necessary: 

  • In the interests of national security; or 

  • In the interests of the economic well-being of the UK; or 

  • In support of the prevention or detection of serious crime 

IPA also requires safeguards to be in place to limit the use of intercepted material and related communications data. 

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