This is a guide only and should be read with the relevant legislation. Please also see our Disclaimer Notice.

The Regulation of Investigatory Powers Act (RIPA)
The Regulation of Investigatory Powers Act (RIPA) received Royal Assent in July 2000. The Act covers intrusive investigatory techniques such as the interception of communications and access to communications data. The Act ensures that the relevant investigatory powers are used in accordance with the Human Rights Act. In particular, RIPA provides for the necessary human rights safeguards by way of oversight by the Interception of Communications Commissioner.

RIPA Part 1 Chapter II was conceived to streamline the legal base and practical procedures for accessing communications data by law enforcement and relevant public authorities in a way which is consistent with relevant statutes on human rights and data protection.

Despite receiving Royal Assent, full implementation of Part 1 Chapter II was not possible without additional secondary legislation. Following a public consultation process begun in the Spring of 2003, the RIPA (Communications Order) 2003 was passed by both Houses in December and came into force on 5th January 2004. As required by Section 25 (2&3) of RIPA, Statutory Instrument No. 2137 prescribes the offices, ranks and positions of the designated person within each public authority; the types of data that each public authority is allowed to have access to and the purposes for which access is permitted. The Order also adds further ‘relevant public authorities’ to the list of authorities empowered to access communications data as required by Section 25 (1) of RIPA.

For more detailed information, see the PDF documents below:

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Data Protection Act (DPA)
The Data Protection Act 1998 came into force in March 2000 (save for a limited exemption for certain manual processing which expires in October 2007). The Act lays down the eight Data Protection Principles derived from the Human Rights Act. It also gives legal rights to individuals in respect of personal data and how others process that data. Each company or organisation that holds personal data, must appoint a Data Controller. The Data Controller has legal obligations in respect of how personal data are processed and who is allowed to process the data. Thus, the Data Controller is not allowed to pass data to third parties except in certain limited circumstances.

Provisions are made within the Data Protection Act for exemptions: for example, for those circumstances where the disclosure of personal data is in the interest of national security or where it is necessary for the prevention and detection of crime. These exemptions are in line with the Human Rights Act. Disclosure can only be made to duly authorised individuals and must be compliant with the provisions of the Human Rights Act.

Singlepoint’s implementation of, and compliance with, the Data Protection Act is overseen by the Office of the Information Commissioner.

For more detailed information, see the PDF document and link below:

The above document is a short extract from the Data Protection Act 1998. To view the full text of the Act, please follow the link below.

http://www.hmso.gov.uk/acts/acts1998/19980029.htm#aofs

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Human Rights Act (HRA)
The Human Rights Act 1998 came in to force in October 2000. Human Rights legislation is complex and the full effects of the Human Rights Act on our legal system and on society as a whole, have yet to be felt.

The Human Rights Act and, in particular, Articles 8 and 10 of the European Convention on Human Rights provide the legal framework for interpretation of the Data Protection Act and the Data Protection Principles which underpin it.

In terms of access to communications data, the Human Rights Act provides restrictions on an individual’s right to privacy in certain circumstances, for example where access to that data is in the interest of national security or necessary in order to prevent and detect crime. However, the Human Rights Act requires that such provisions are only exercised where absolutely necessary for example, where other less intrusive options are not available; where it is appropriate and proportional to the objectives at hand; and where provisions are put in place to avoid unwarranted intrusion into the privacy of innocent third parties.

For more detailed information, see the PDF document and link below:

The above document is a short extract from the Human Rights Act 1998. To view the full text of the Act, please follow the link below.

http://www.hmso.gov.uk/acts/acts1998/19980042.htm

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Anti-Terrorism, Crime and Security Act (ATCSA)
The Anti-Terrorism, Crime and Security ACT 2001, is a wide-ranging piece of legislation principally addressing counter terrorism. Part 11 of the Act addresses the Retention of Communications Data in support of national security and counter terrorism and is the only aspect of the legislation addressed here within this website.

Part 11 of the Act called upon the Home Office to issue a consultation paper on a code of practice relating to the retention by communications service providers of communication data held by them. The consultation paper was issued in March 2003 together with a draft code of practice. Upon completion of the consultation process, the code of practice was approved by both Houses in December and came into force on 5th January 2004.

For more detailed information, see the PDF documents below:

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