Security
Checks on surveillance
The use of surveillance is carefully regulated, as the misuse of surveillance techniques can have serious consequences for our civil rights.
Laws regulating the use of surveillance
In the UK, our civil rights concerning surveillance are protected by:
- Regulation of Investigatory Powers Act 2000 (new window) (RIPA)
- Article 8 of the European Convention on Human Rights, which states that everyone has the right to respect for his or her private and family life, home and correspondence
- Data Protection Act 1998
- Covert Surveillance Code of Practice
- Interception of Communications Code of Practice
More information on the Regulation of Investigatory Powers Act 2000 (new window) can be found on the Home Office Security website.
These pieces of legislation safeguard our rights by:
Necessitating approval at the highest level
Interception warrants require the personal approval of the Secretary of State who must believe the warrant is necessary in the interests of national security, preventing or detecting serious crime, or safeguarding the UK’s economic well-being.
Limiting use of information obtained through surveillance
With a few exceptions the law does not allow any information gained from interception to be used as evidence in court. The only exceptions are for offences relating to interception – for example Official Secrets Act offences.
See Why surveillance is used for more on this.
Requiring an independent watchdog
The interception warrant system is overseen by an independent Interception of Communications Commissioner who ensures that authorised agencies have proper processes in place, and have considered the human rights of individuals before interception takes place.
The Investigatory Powers Tribunal (new window) hears complaints from members of the public about inappropriate interception activities by any of the intelligence services or by public authorities.
Insisting that the surveillance method must fit the crime
Authorising officers must consider whether the level of surveillance is proportionate to the suspected crime – this means your home won’t be bugged if you’re seen dropping litter but it may be if you’re a suspected terrorist
Protecting others
Authorising officers must consider the risk of ‘collateral intrusion’, meaning the likelihood of obtaining private information about a person other than the surveillance target, before authorising surveillance or the acquistion of communications data.
Concerned about surveillance?
If you’re worried that you’ve been put under surveillance by certain public authorities without good reason, you should contact the Investigatory Powers Tribunal (new window).
