header-logo header-logo

01 April 2009 / John Cooper KC
Categories: Legal News
printer mail-detail

The NLJ Column

Legal news update

Surveillance and privacy—where the boundaries blur

The Regulation of Investigatory Powers Act 2000 (RIPA 2000) is a unique piece of law, which placed surveillance activities in English law for the first time. It came into force simultaneously with the Human Rights Act 1998 and that was no coincidence. The purpose of RIPA 2000 was to ensure that the UK complied with Art 8(2) (the right to private and family life) of the European Convention on Human Rights (the Convention) in relation to the gathering of covert material and its subsequent provision in evidence.

One of the most controversial aspects of RIPA 2000 is about to come to an end. Section 17 of the Act provides that no evidence shall be adduced and no disclosure made which “tends to suggest” that surveillance may have occurred, ie that there was an interception. The section presently prohibits the use of intercept evidence where certain sensitive facts would be revealed by, or could be inferred from, the use of such intercept evidence, ie telephone tapping. Despite

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll