Guidance

Regulation of Investigatory Powers Act 2000: proposed amendments affecting lawful interception

This consultation has now closed. The government is running a short, targeted consultation in respect of two specific changes to RIPA to address…

Documents

RIPA: proposed amendments affecting lawful interception (PDF file - 37kb)

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RIPA: proposed amendments affecting lawful interception - summary of responses (PDF file - 17kb)

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Detail

This consultation has now closed.

The government is running a short, targeted consultation in respect of two specific changes to RIPA to address an incorrect transposition of European Directives.

Those changes concern:

  • informed consent when both parties consent to their communications being intercepted
  • the creation of a sanction for unintentional unlawful interception 

The consultation will run until 7 December (now extended to 17 December).

Although the transposition of the E-Privacy Directive was completed in 2003, the European Commission has identified deficiencies in the way in which the Data Protection Directive and the E-Privacy Directive were transposed.

We are now seeking to make changes to RIPA to address two of these issues, namely: 

  1. the existing offence in RIPA only addresses intentional unlawful interception
  2. in the provisions where both parties consent to an interception the requirement for consent is not the same as in other data protection legislation. 

Our proposals are set out in detail in the accompanying document. Your views and comments are welcome and details of how to reply can be found at the end of the document.

Consultation extended

It has been drawn to our attention that the email address contained in this consultation enabling respondents to reply was incorrect.

We would like to apologise for the difficulties that respondents may have encountered in attempting to send correspondence to us by email. Consequently, we have decided to extend the consultation to 17 December, which will give interested parties an additional 10 days  to respond.

Email responses should be sent to: ripa-consentandsanctionconsultation@homeoffice.x.gsi.gov.uk

Responses can also be made by post to: RIPA consent and sanction team, Home Office, 5th Floor Peel Building, 2 Marsham Street, London SW1P 4DE.

Consultation information

  • Intended audience:
  • Reference number: Regulation of investigatory powers act 2000: proposed amendments effecting lawful interception
  • Issued: 09 Nov 2010
  • Opening date: 09 Nov 2010
  • Closing date: 07 Dec 2010

How to respond

Please send your response to…

Lucy Watts

Home Office

5th Floor Peel Building 2 Marsham Street

London

SW1P 4DE

Email: ripa-consentandsanctionconsultation@homeoffice.x.gsi.gov.uk