Page 157 - Deception at work all chapters EBook

158 Deception at Work

Table 5.4 Coverage of the Regulation of Investigatory Powers Act 2000 and Regulations

Law Applicability

Public authorities Public authorities Companies and firms
acting as an agency of acting as a business i.e. businesses
the State See Section 4(7) of
the Act

PART 1: Chapter 1: Communications: Interceptions of Communications Transmissions

Imposes criminal penalties and authorization methods

• Public networks Home Office warrant Not applicable Not applicable

• Private networks Permission of the person having control etc. (see below)

• Public postal service Home Office warrant Not applicable Not applicable

• Private postal service Permission of the person having control etc. (see below)

PART 1: Chapter 2: Acquisition and Disclosure of Communications Data (e.g. call logging)

Sets out authorization methods but no criminal penalties

• Public networks Rights to obtain Not applicable

• Private networks

PART 2: Surveillance and Covert Human Intelligence Sources

Sets out authorization methods but no criminal penalties

Authorization methods Not applicable

PART 3: Electronic Data Protected by Encryption etc.

Sets out authorization methods but no criminal penalties

Authorization methods Not applicable
Access rights

For each of these areas, the Act will (but does not yet do so) ensure that the law clearly cov-
ers:

• the purpose for which the powers may be used;
• which authorities can use the powers;
• who should authorize each use of the power;
• the use that can be made of the material gained;
• independent judicial oversight;
• a means of redress for the individual.

Various quangos have been established – such as the Surveillance Commission and the In-
terception of Communications Commission – to confirm ‘lawful authority’ monitoring and
approval processes for public authorities. Also statutory instruments, rules, guidelines and
codes of practice have been written, again primarily for public authorities.