ABSTRACT

The powers subject to the new requirement of judicial authorisation are extensive. Included is equipment interference, which allows authorised bodies, including law enforcement and the intelligence services to interfere with equipment, such as computers and smartphones, to obtain communications, equipment data, or other information from a device. Bulk powers for interception, communications data acquisition, and equipment interference are included, and controversial because they necessarily involve a cache including the material of people who are entirely innocent and not remotely suspect. Communications data is included in Investigatory Powers Act 2016 powers and scrutiny process because it provides law enforcement, the agencies, and other specified public authorities access to information about a communication, the who, where, when, how, and with whom of a communication, but not what is written or said. Additional ancillary powers cover notification requirements in connection with those convicted of terrorism offences, serious crime prevention orders, border controls, and biometric data.