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UK: DRIPA 2014: NO PROTECTION FROM SURVEILLANCE for LAWYERS, JOURNALISTS and OTHERS

29 November 2014

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See: Draft Code of Practice: Acquisition and Disclosure of Communications Data: Code of Practice Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000 Draft for public consultation, 9 December 2014 (55 pages, pdf):

"3.73 However the degree of interference with privacy may be higher where the communications data being sought relates to a person who is a member of a profession that handles privileged or otherwise confidential information (such as a medical doctor, lawyer, journalist, Member of Parliament, or minister of religion). It may also be possible to infer an issue of sensitivity from the fact someone has regular contact with, for example, a lawyer or journalist

3.74 Such situations do not preclude an application being made.." [emphasis added, p31]

and: Regulation of Investigatory Powers Act Consultation: Acquisition and Disclosure of Communications Data and Retention of Communications Data Codes of Practice (6 pages, pdf) and: Retention of Communications Data Code of Practice (35 pages, pdf)

See also: UK: NEW POWER IN COUNTER TERRORISM BILL TO GATHER IP ADDRESSES IS NOT LIMITED TO TERRORISM, IT WILL COVER ALL CRIME: Counter-Terrorism and Security: Counter-Terrorism and Security Bill - Full-text (pdf) The Bill amends the Data Retention and Investigatory Powers Act (DRIPA 2014) which in turn amended RIPA 2000. This means that although the Foreword refers to "terrorism" there is no such limitation in the text of the Bill. The new power in Clause 17 for the retention of IP addresses (covering internet usage and VOIP) is not limited to combating terrorism as DRIPA 2014 and RIPA 2000 cover all crime. This is confirmed by the Impact Assessment on: IProtocol Address Resolution (pdf) which makes it crystal clear that this new power will cover all crime, not just terrorism.

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