Lord Anderson appointed to review the Investigatory Powers Act
The Home Office has appointed Lord David Anderson, the former Independent Reviewer of Terrorism Legislation, to carry out an independent review of the Investigatory Powers Act 2016.
Lord Anderson, a barrister at Brick Court Chambers in London, will assess whether legislative change is needed to the Act, which gives extensive surveillance powers to police and intelligence agencies.
His appointment follows calls to review the Act to consider whether intercept evidence should be admissible in criminal prosecutions, following a series of legal challenges.
Home Secretary Suella Braverman said Lord Anderson’s review will be entirely independent from her statutory report and “will assess the case for legislative change, now or in the future”.
She said the review will focus in particular on the effectiveness of the bulk personal dataset regime, criteria for obtaining internet connection records, the suitability of certain definitions within the Act, and the resilience and agility of warranty processes and the oversight regime.
The Act provides a framework for the use of investigatory powers by the security and intelligence agencies, law enforcement and other public authorities. These powers cover:
- The interception of communications;
- The retention and acquisition of communications data; and
- Equipment interference for obtaining communications and other data.
The Act also makes provision relating to the security and intelligence agencies’ retention and examination of bulk personal datasets.
The Home Office says effective operation of the Act is needed to ensure there is appropriate oversight in place to give the public confidence in the use of “these important powers”. Section 260 of the Act requires that the Secretary of State prepares a report on the operation of the act during a six-month period between May 2022 and November 2022.
This report is expected to be published and laid before Parliament in due course.
Lord Anderson will carry out his own consultation with law enforcement, the intelligence agencies and wider public authorities, as well as other external organisations and individuals with an interest in this work.
During his six-year term as Independent Reviewer of Terrorism Legislation, carried out two independent reviews which informed the original Act.
He is expected to conclude the review and publish his findings in a report later this year.