I recently announced that the Government had approved my policy proposals for a new Communications (Interception and Lawful Access) Bill which will update and replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
This legislation is needed to ensure that the law in this area is up-to-date and can yield intelligence that is vital for dealing with serious and organised crime, terrorism and threats to the security of the State. A key principle of the legislation is that it will encompass all forms of modern communication.
The proposals include a legal basis, subject to strict legal safeguards, for the use of covert surveillance software for the investigation of serious crime and security threats.
These technologies can play a legitimate role when used in a lawful manner that is consistent with respect for human rights.
A 2024 report from the European Commission for Democracy through Law, “Report on a Rule of Law and Human Rights Compliant Regulation of Spyware” considered the safeguards required for the use of such powers. These safeguards included clear legal provisions, prior authorisation before a court or other independent body and exclusion, subject to exceptions, of persons whose interactions may be protected by professional privilege. These are all matters to be considered as work continues on developing the General Scheme.
The Office of the Independent Examiner will, in due course, also have a role in monitoring the use of all of the measures to be included in the legislation.
I hope to publish the General Scheme this year.
