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This blog post was published under the 2015-2024 Conservative Administration

https://homeofficemedia.blog.gov.uk/2018/09/13/government-response-to-european-court-of-human-rights-judgment/

Government response to European Court of Human Rights judgment

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This is the Government's response to the European Court of Human Rights judgment in the case of Big Brother Watch and Others v. the United Kingdom on its use of investigatory powers under the Regulation of Investigatory Powers Act (RIPA).

A Government spokesperson said:

The Investigatory Powers Act 2016 replaced large parts of the Regulation of Investigatory Powers Act (RIPA) which was the subject of this challenge.

This includes the introduction of a ‘double lock’ which requires warrants for the use of these powers to be authorised by a Secretary of State and approved by a judge. An Investigatory Powers Commissioner has also been created to ensure robust independent oversight of how these powers are used.

The Government will give careful consideration to the Court’s findings

Further lines

  • The Government has already laid regulations which will introduce a serious crime threshold to the communications data regime in accordance with the requirements of European Law.

Background

  • The European Court of Human Rights examined the bulk interception regime under the Regulation of Investigatory Powers Act (RIPA) 2000. This has now been replaced by a new regime with enhanced safeguards under the Investigatory Powers Act 2016.

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