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Regulation of Investigatory Powers

05 February 2010
Issue: 7403 / Categories: Legislation
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Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010

Exercises the power conferred on the Secretary of State by the Regulation of Investigatory Powers Act 2000 (Act), s 29(2)(c), (7)(b), which makes provision for the granting of authorisations for the conduct or the use of a covert human intelligence source, to impose additional requirements that must be satisfied before an authorisation is granted or renewed.

An authorisation cannot be granted or renewed until it has been approved either by the Secretary of State or by an ordinary Surveillance Commissioner. The Surveillance Commissioner may only give his approval if satisfied there are reasonable grounds for believing the authorisation is necessary in the interests of national security.

 

In force : 18 February 2010

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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