Secretive RIPA not fit for purpose say MPs
The legislation governing communications data needs a complete overhaul, say MPs.
The legislation governing communications data needs a complete overhaul, say MPs.
A report by the Home Affairs Select Committee (HASC) describes the process of recording information under the Regulation of Investigatory Powers Act (RIPA) as lamentably poor, secretive and disorganised.
It recommends that the Home Office uses the current review of the RIPA code of practice to ensure law enforcement agencies use their powers properly.
The HASC inquiry, published on December 6, examined police use of the RIPA to acquire communications data in the course of investigations.
In two recent cases, police used the RIPA to obtain information that might be regarded as journalistic material for the purposes of the Police and Criminal Justice Act (PACE).
During Operation Alice (the Pleb-gate investigation) the Metropolitan Police Service accessed a journalists telephone records to establish whether the information provided to his newspaper might have come from within the force.
In Kent Polices Operation Solar (the investigation into Constance Briscoe in respect of the trial of former Liberal Democrat MP Chris Huhne and Vicky Pryce) the police used RIPA powers to obtain material from Associated Newspapers after an application for access to the material under PACE failed because the company had successfully claimed in court that journalistic privilege applied.
The HASC recommends the Government holds a full public consultation (something it has promised but so far failed to deliver) on an amended RIPA Code of Practice, and that any updated advice should contain special provisions for dealing with privileged information, such as journalistic material and material subject to legal privilege.
HASC chair Keith Vaz said they were astonished that law enforcement agencies failed to routinely record the professions of individuals who had their communications data accessed under the legislation.
Using RIPA to access telephone records of journalists is wrong and this practice must cease. The inevitable consequence is that this deters whistleblowers from coming forward, he said.
The recording of information under RIPA is lamentably poor and the whole process appears secretive and disorganised, without proper monitoring of what is being destroyed and what is being retained.
We are concerned that the level of secrecy surrounding the use of RIPA allows investigating authorities to engage in acts that would be unacceptable in a democracy, with inadequate oversight.
The Minister for Immigration and Security, James Brokenshire, said: Communications data is an absolutely critical tool used by police and other agencies to investigate crime, safeguard national security and protect the public. There are measures in place to ensure that police powers to access this data are not abused. We have also been working to strengthen the relevant code to ensure extra consideration should be given to a communications data request involving those in sensitive professions, such as journalists.
He anticipated a revised code will be published before Christmas and that full public consultation will take place.