Investigatory Powers Act 2016

Thursday 23rd February 2017 Written Statements

[The Minister for Security (Mr Ben Wallace)]

I am today announcing the publication of the Government’s consultation on five new codes of practice under the Investigatory Powers Act 2016.

The Investigatory Powers Act does three key things:

It brings together powers already available to law enforcement and the security and intelligence agencies to obtain communications and data about communications. It makes these powers—and the safeguards that apply to them—clear and understandable.

It radically overhauls the way these powers are authorised and overseen. It introduces a “double-lock” for the most intrusive powers, including interception and all of the bulk capabilities, so that these warrants cannot be issued until the decision to do so has been approved by a judicial commissioner. And it creates a powerful new investigatory powers commissioner to oversee how these powers are used.

It ensures powers are fit for the digital age. The Act makes a new provision for the retention of internet connection records in order for law enforcement to identify the communications service to which a device has connected. This will restore capabilities that have been lost as a result of changes in the way people communicate.

This Act provides world-leading transparency and privacy protection. It received unprecedented and exceptional scrutiny in Parliament and was passed with cross-party support. There should be no doubt about the necessity of the powers that it contains or the strength of the safeguards that it includes.

All of these draft codes of practice set out the processes and safeguards governing the use of investigatory powers. They give detail on how the relevant powers should be used, including examples of best practice. They are intended to provide additional clarity and to ensure the highest standards of professionalism and compliance with this important legislation.

The consultation will last six weeks. Copies of the consultation document and draft codes will be placed in the Library of the House. Online versions will be available on the www.gov.uk website.

[HCWS487]