RIPA regulations may undergo change

The Home Secretary has announced a consultation on changes to the Regulation of Investigatory Powers (RIPA) to improve public confidence.

In a speech made to members of the technology industry at the Intellect Trade Association, Jacqui Smith said that the outcome of the Rhys Jones murder trial had proved the importance of communications data as part of the prosecution evidence.

“And indeed this information – on the fact that communication has taken place, but not on its content – plays a role in some 95 per cent of all really serious criminal cases, such as murder, drugs trafficking and child sex abuse.”

On a recent visit to Tower Hamlets, East London, Ms Smith saw how a neighbourhood had been blighted by a family – until the local council and the police successfully obtained a premises closure order and boarded up their flat.

“That order was only made possible because covert CCTV had helped capture the evidence of anti-social behaviour and crime,” she said.

“There are literally hundreds of cases like this, where the police and local authorities access investigatory powers like covert surveillance and communications data under RIPA.”

The consultation will examine proposed changes including:

•Revisions to the codes of practice that come under the Act.
•Which public authorities can use RIPA powers.
•Raising the bar for how those powers are authorised, and who authorises their use.

Ms Smith said that she will question local authorities on whether the powers are authorised at a high enough level.

“Would it reinforce public confidence, and avoid frivolous use of the powers, if they could only be done with the consent of a senior executive, and subject to a form of oversight from elected councillors?

“I am determined to maintain robust powers to tackle crime and disorder. But to allay public fears of excessive intrusion, and to keep people’s trust and confidence in the wider necessity of these powers to tackle disorder, crime and terrorism, I am equally clear that we have to measure these efforts against our standards for safeguards, openness, proportionality and common sense.”