United Kingdom
RIPA 2000 Explained: UK Surveillance Powers and Safeguards
Independently fact-checked against primary sources (last audited September 12, 2026). · 25 primary sources cited on this page. How we verify our legal content
RIPA 2000 remains part of the United Kingdom's investigatory-powers framework, chiefly for covert surveillance, covert human intelligence sources and protected-information notices. Current interception rules instead sit principally in the Investigatory Powers Act 2016 (IPA). RIPA section 26 and IPA sections 3 and 6 are therefore different starting points.
Jurisdiction scope: This guide explains the United Kingdom statutory framework and the separate Scottish surveillance route. It does not decide whether a particular private recording is lawful or admissible. See UK recording laws and covert recordings as evidence for those distinct questions.
What does RIPA cover today?
RIPA remains in force for important functions, but its original interception provision is no longer the current starting point. The revised text of RIPA section 1 is omitted. The IPA now prohibits intentional interception in the United Kingdom of communications in transmission through specified systems or services without lawful authority, subject to the private-system exception in section 3.
IPA section 6 defines lawful authority through distinct routes. These include interception warrants, other statutory authorisations and the statutory route for stored communications. It is therefore inaccurate to quote the former RIPA interception rule as though it remained the operative offence.
RIPA Part II performs a different job. Under section 26, it addresses directed surveillance, intrusive surveillance, covert human intelligence sources (CHIS), and specified criminal conduct connected with CHIS. Part III deals with protected information and disclosure notices. Those subjects should not be collapsed into a single idea of “RIPA permission”.
| Conduct | Principal current route | Core issue |
|---|---|---|
| Interception in transmission | IPA sections 3 and 6 | Whether interception has lawful authority |
| Directed or intrusive surveillance | RIPA Part II | Classification, necessity, proportionality and authorisation |
| CHIS activity | RIPA sections 26, 29 and 29B | Source authorisation, safeguards and any separate criminal-conduct authority |
| Protected information | RIPA Part III | Whether a section 49 notice meets its statutory conditions |
What counts as directed or intrusive surveillance?
RIPA section 26 supplies detailed definitions. Directed surveillance is covert surveillance that is not intrusive, is undertaken for a specific investigation or operation, and is likely to obtain private information. The definition excludes the specified immediate response to events where obtaining an authorisation would not be reasonably practicable.
Intrusive surveillance concerns specified covert surveillance relating to residential premises or private vehicles. Its classification depends on the statutory provisions about presence and surveillance devices, not simply on whether an observer stands on public land. Section 26(5) addresses an external device that consistently provides information of the same quality and detail as a device on the premises or in the vehicle. Other device and location exceptions also matter.
The Act says private information includes information relating to a person's private or family life. It describes surveillance as covert where it is calculated to ensure that subjects are unaware that it is or may be taking place. A person being outdoors therefore does not, by itself, answer whether surveillance is directed or likely to obtain private information.
| Classification | Statutory features |
|---|---|
| Directed surveillance | Covert, non-intrusive, tied to a specific investigation or operation, and likely to obtain private information |
| Intrusive surveillance | Covert activity involving residential premises or private vehicles within the detailed section 26 tests |
| Outside either definition | Classification must follow all statutory elements and exceptions; visibility or location alone is insufficient |
Classification does not itself authorise conduct. It identifies which statutory route and safeguards must be considered.
Who authorises surveillance, and what safeguards apply?
The authorisation route depends on the power and the body using it. For directed surveillance, RIPA section 28 requires the designated decision maker to believe the authorisation is necessary on a permitted statutory ground and proportionate to what it seeks to achieve. Conduct carried out within, and in accordance with, a valid Part II authorisation is lawful for all purposes under section 27.
Intrusive surveillance has a distinct test in section 32. Alongside the applicable necessity and proportionality requirements, the decision maker must consider whether the information could reasonably be obtained by other means. This prevents the directed-surveillance test from being presented as a universal warrant formula.
Section 32A adds judicial approval before specified section 28 or 29 authorisations by a relevant person take effect. Its express scope includes local authorities in England and Wales and Northern Ireland district councils acting for reserved or excepted matters, while subsection (7) permits prescribed categories. That wording matters: it should not be broadened into a claim about every local or devolved function.
Covered intrusive-surveillance authorisations require Judicial Commissioner approval under section 36, subject to the stated urgency exception. Interception warrants use the IPA instead. IPA section 23 retains Judicial Commissioner review of necessity and proportionality. Under section 24, an urgent warrant issued without prior approval must receive a Commissioner decision by the end of the third working day after issue; refusal ends its effect and prevents renewal.
| Route | Decision and review described in the statute |
|---|---|
| RIPA directed surveillance | Designated decision maker applies permitted necessity ground and proportionality |
| Specified local-authority section 28 or 29 cases | Section 32A judicial approval before effect |
| Covered intrusive surveillance | Section 32 test and section 36 Commissioner approval, with urgency provisions |
| IPA interception warrant | Issuing decision plus section 23 Judicial Commissioner review; section 24 urgent procedure |
These safeguards do not mean that every unauthorised act automatically commits a criminal offence. Section 27 states the effect of compliant authorisation; it should not be inverted into a blanket offence that Parliament did not express there.
How do informants and encrypted-information notices fit?
A CHIS is defined through the covert establishment, maintenance or use of a relationship to obtain information, provide access to it, or disclose it as a consequence of that relationship. RIPA section 29 requires necessity, proportionality and specified arrangements for managing the source.
A section 29 authorisation does not itself authorise criminal conduct. Section 29B creates a separate, conditioned criminal-conduct authorisation tied to a section 29 authorisation. Its requirements include necessity, proportionality and consideration of whether the objective could reasonably be achieved through conduct that would not constitute crime.
Part III concerns protected information rather than physical surveillance. Under section 49, a disclosure notice requires the appropriate permission and the statutory reasonable-belief conditions. Those include necessity, proportionality and a belief that intelligible information cannot reasonably be obtained without giving the notice.
Section 50 normally frames the required disclosure as information in intelligible form. Disclosure of a key is treated separately and depends on the additional statutory conditions. A section 49 notice should therefore not be described as an automatic demand for every password or key.
Knowingly failing to make the required disclosure is an offence under section 53. That provision also contains evidential rules and a defence concerning what was reasonably practicable. The existence of an offence does not dispense with the need for a valid notice satisfying sections 49 and 50.
These provisions also show why the identity of the statutory decision matters. A CHIS authorisation addresses the covert relationship and its management safeguards; any authority for criminal conduct must satisfy the additional section 29B route. A protected-information notice addresses access to intelligible protected information only after the section 49 permission, belief, necessity and proportionality conditions are met. Neither route can be replaced by a general reference to national security or investigation. The relevant authorisation or notice must be assessed under its own provision, including the limits and safeguards Parliament attached to it.
How does the framework differ in Scotland?
Scotland has its own statute for specified surveillance: the Regulation of Investigatory Powers (Scotland) Act 2000, commonly called RIP(S)A. RIP(S)A section 1 defines directed surveillance, intrusive surveillance and CHIS for that Act. Section 6 requires necessity on a listed Scottish statutory ground and proportionality for directed-surveillance authorisation.
The distinction is more precise than saying that RIP(S)A governs everything occurring in Scotland. RIPA section 46 restricts RIPA authorisations for conduct likely to take place wholly in Scotland, while preserving specified UK-wide grounds, authorities and conduct. The responsible body, purpose and geographic scope all affect the route.
| Question | RIPA | RIP(S)A |
|---|---|---|
| Main role here | UK statutory routes, including preserved cross-border and specified reserved functions | Scottish authorisation framework for specified devolved surveillance |
| Directed-surveillance test | Necessity on a permitted RIPA ground and proportionality | Necessity on a listed Scottish ground and proportionality |
| Geographic treatment | Section 46 limits wholly Scottish conduct but retains specified cases | Location is relevant, but the public authority and purpose remain material |
Neither Act is a general personal-recording code. A private recording in Scotland may raise other privacy, evidence, employment or communications questions beyond this public-authority framework.
Does RIPA give private people permission to record?
No. RIPA's Part II authorisation machinery does not create a general personal-use permission to record conversations, and the omitted section 1 cannot supply a current interception exception. Whether a participant's sound recording is an interception under the IPA depends on the statutory definition and facts; this guide does not assume that every such recording is interception.
Where interception is involved, IPA section 44 contains specific routes. Subsection (1) authorises interception when both the sender and intended recipient consent. Subsection (2) requires consent from a sender or intended recipient together with a RIPA or RIP(S)A surveillance authorisation for that interception. It is inaccurate to shorten these provisions into a general “one-party” or “all-party” recording slogan.
IPA section 46 is a regulation-making power for specified business monitoring and record-keeping interception, subject to its statutory conditions. It is not a universal rule about every private recording or every later disclosure.
Important: The legality of private CCTV, doorbells, workplace monitoring and using a recording as evidence requires separate analysis. See CCTV and doorbell cameras for the camera-specific route.
Where can someone complain about investigatory powers?
RIPA section 65 gives the Investigatory Powers Tribunal (IPT) jurisdiction over the specified proceedings, complaints and references. It is not a general tribunal for every private-neighbour camera or recording disagreement.
For the specified complaints, section 67(5) normally prevents the Tribunal from considering a complaint made more than one year after the relevant conduct or breach. The Tribunal may consider it where it finds that equitable. A person should therefore check the time limit promptly rather than assume that discretion will be exercised.
Subject to the applicable rules, section 67 permits the IPT to award compensation and make other orders. Those orders can include quashing or cancelling an authorisation and requiring the destruction of records. These are available statutory powers, not promised outcomes in a particular complaint.
Section 67A provides an appeal route on a point of law for specified IPT decisions. Leave is required, applying the statutory importance or other compelling-reason test. This guide does not make the broader claim that judicial review can never be available.
The IPT's official complaint guidance explains its current submission procedure. A prospective complainant should use that official guidance alongside sections 65, 67 and 67A and identify the conduct and public body involved.
This guide provides general legal information about the UK investigatory-powers framework, including the separate Scottish surveillance regime, based on sources checked on 11 September 2026. It is not legal advice. A solicitor qualified in the relevant jurisdiction can advise on a particular recording, notice or complaint.
Information last verified on 11 September 2026.
Frequently Asked Questions
Is RIPA still in force?
Yes. RIPA still governs specified surveillance, CHIS and protected-information functions, although its section 1 is omitted and current interception rules principally sit in IPA sections 3 and 6.
Did the 2024 Act remove independent warrant approval?
No such blanket conclusion follows from the current text. IPA section 23 retains Judicial Commissioner review, while section 24 provides a separate urgent-warrant process with a decision required by the end of the third working day.
Is RIPA a one-party recording law?
No. RIPA is not a general private-recording permission, and IPA section 44's interception routes must be read according to their precise consent and authorisation conditions.
Does Scotland use a different law?
RIP(S)A provides a separate Scottish surveillance framework, while RIPA section 46 preserves specified UK-wide routes and limits authorisations for conduct likely to occur wholly in Scotland.
Can the Investigatory Powers Tribunal award compensation?
Section 67 permits compensation and other orders subject to applicable rules, but it does not guarantee a remedy. Specified complaints normally face the one-year limit in section 67(5), subject to equitable discretion.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Regulation of Investigatory Powers Act 2000
s. 28Authorisation of directed surveillance.In force
(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the carrying out of directed surveillance. (2) A person shall not grant an authorisation for the carrying out of directed surveillance unless he believes— (a) that the authorisation is necessary on grounds falling within subsection (3); and (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out. (3) An authorisation is necessary on grounds falling within this subsection if it is necessary— (a) in the interests of national security; (b) for the purpose of preventing or detecting crime or of preventing disorder; (c) in the interests of the economic well-being of the United Kingdom; (d) in the interests of public safety; (e) for the purpose of protecting public health; (f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or (g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 1Unlawful interception.Repealed
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 26Conduct to which Part II applies.In force
(1) This Part applies to the following conduct— (a) directed surveillance; (b) intrusive surveillance; ... (c) the conduct and use of covert human intelligence sources ; and (d) criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources (2) Subject to subsection (6), surveillance is directed for the purposes of this Part if it is covert but not intrusive and is undertaken— (a) for the purposes of a specific investigation or a specific operation; (b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and (c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 27Lawful surveillance etc.In force
(1) Conduct to which this Part applies shall be lawful for all purposes if— (a) an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and (b) his conduct is in accordance with the authorisation. (2) A person shall not be subject to any civil liability in respect of any conduct of his which— (a) is incidental to any conduct that is lawful by virtue of subsection (1); and (b) is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question. (3) The conduct that may be authorised under this Part includes conduct outside the United Kingdom. (4) In this section “ relevant enactment ” means— (a) an enactment contained in this Act or the Investigatory Powers Act 2016 ; (b) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or (c) an enactment contained in Part III of the Police Act 1997 (powers of the police and of officers of Revenue and Customs).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 32Authorisation of intrusive surveillance.In force
(1) Subject to the following provisions of this Part, the Secretary of State and each of the senior authorising officers shall have power to grant authorisations for the carrying out of intrusive surveillance. (2) Neither the Secretary of State nor any senior authorising officer shall grant an authorisation for the carrying out of intrusive surveillance unless he believes— (a) that the authorisation is necessary on grounds falling within subsection (3); and (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out. (3) Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary— (a) in the interests of national security; (b) for the purpose of preventing or detecting serious crime; or (c) in the interests of the economic well-being of the United Kingdom. (3A) In the case of an authorisation granted by the chair of the CMA , the authorisation is necessary on grounds falling within subsection (3) only if it is necessary for the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002 (cartel offence).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 32AAuthorisations requiring judicial approvalIn force
(1) This section applies where a relevant person has granted an authorisation under section 28 or 29. (2) The authorisation is not to take effect until such time (if any) as the relevant judicial authority has made an order approving the grant of the authorisation.
Official text (excerpt) · last checked 2026-09-12 · Read the full text in our law library · Verify at legislation.gov.uk
s. 36Approval required for authorisations to take effect.In force
(1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of— (a) a member of a police force; (aa) a member of the tri-service serious crime unit; (ab) a person who has been designated under regulation 36(2) of the 2023 Regulations; (b) a National Crime Agency officer; (d) an officer of Revenue and Customs ...; (da) an immigration officer; or (e) an officer of the CMA . (2) Subject to subsection (3), the authorisation shall not take effect until such time (if any) as— (a) the grant of the authorisation has been approved by a Judicial Commissioner ; and (b) written notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation. (3) Where the person who grants the authorisation— (a) believes that the case is one of urgency, and (b) gives notice in accordance with section 35(3)(b), subsection (2) shall not apply to the authorisation, and the authorisation shall have effect from the time of its grant.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 29Authorisation of covert human intelligence sources.In force
(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the conduct or the use of a covert human intelligence source. (2) A person shall not grant an authorisation for the conduct or the use of a covert human intelligence source unless he believes— (a) that the authorisation is necessary on grounds falling within subsection (3); (b) that the authorised conduct or use is proportionate to what is sought to be achieved by that conduct or use; and (c) that arrangements exist for the source's case that satisfy— (i) the requirements of subsection (4A), in the case of a source of a relevant collaborative unit; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) the requirements of subsection (5), in the case of any other source; and that satisfy such other requirements as may be imposed by order made by the Secretary of State. (2A) For the meaning of “relevant collaborative unit” in subsection (2)(c)(i), see section 29A. (3) An authorisation is necessary on grounds falling within this subsection if it is necessary— (a) in the interests of national security;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 29BCovert human intelligence sources: criminal conduct authorisationsIn force
(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section each have power to grant criminal conduct authorisations. (2) A “criminal conduct authorisation” is an authorisation for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source. (3) A criminal conduct authorisation may only be granted in relation to a covert human intelligence source after, or at the same time as, an authorisation under section 29 which authorises the conduct or the use of the covert human intelligence source concerned.
Official text (excerpt) · last checked 2026-09-12 · Read the full text in our law library · Verify at legislation.gov.uk
s. 49Notices requiring disclosure.In force
(1) This section applies where any protected information— (a) has come into the possession of any person by means of the exercise of a statutory power to seize, detain, inspect, search or otherwise to interfere with documents or other property, or is likely to do so; (b) has come into the possession of any person by means of the exercise of any statutory power to intercept communications or obtain secondary data from communications , or is likely to do so; (c) has come into the possession of any person by means of the exercise of any power conferred by an authorisation under section 22(3) or (3B) or under Part II Part 3 of the Investigatory Powers Act 2016 or Part 2 of this Act , or as a result of the giving of a notice under section 22(4) in pursuance of an authorisation under Part 3 of the Act of 2016 or as the result of the issue of a warrant under Chapter 2 of Part 6 of the Act of 2016 , or is likely to do so; (d) has come into the possession of any person as a result of having been provided or disclosed in pursuance of any statutory duty (whether or not one arising as a result of a request for information), or is likely to do so;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 50Effect of notice imposing disclosure requirement.In force
(1) Subject to the following provisions of this section, the effect of a section 49 notice imposing a disclosure requirement in respect of any protected information on a person who is in possession at a relevant time of both the protected information and a means of obtaining access to the information and of disclosing it in an intelligible form is that he— (a) shall be entitled to use any key in his possession to obtain access to the information or to put it into an intelligible form; and (b) shall be required, in accordance with the notice imposing the requirement, to make a disclosure of the information in an intelligible form. (2) A person subject to a requirement under subsection (1)(b) to make a disclosure of any information in an intelligible form shall be taken to have complied with that requirement if— (a) he makes, instead, a disclosure of any key to the protected information that is in his possession; and (b) that disclosure is made, in accordance with the notice imposing the requirement, to the person to whom, and by the time by which, he was required to provide the information in that form.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 53Failure to comply with a notice.In force
(1) A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice. (2) In proceedings against any person for an offence under this section, if it is shown that that person was in possession of a key to any protected information at any time before the time of the giving of the section 49 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it. (3) For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if— (a) sufficient evidence of that fact is adduced to raise an issue with respect to it; and (b) the contrary is not proved beyond a reasonable doubt.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 46Restrictions on authorisations extending to Scotland.In force
(1) No person shall grant or renew an authorisation under this Part for the carrying out of any conduct if it appears to him— (a) that the authorisation is not one for which this Part is the relevant statutory provision for all parts of the United Kingdom; and (b) that all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland. (2) In relation to any authorisation, this Part is the relevant statutory provision for all parts of the United Kingdom in so far as it— (a) is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom; (b) is granted or renewed by or on the application of a person holding any office, rank or position with any of the public authorities specified in subsection (3); (c) authorises conduct of a person holding an office, rank or position with any of the public authorities so specified; (d) authorises conduct of or in relation to an individual acting as a covert human intelligence source for the benefit of any of the public authorities so specified;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 65The Tribunal.In force
(1) There shall, for the purpose of exercising the jurisdiction conferred on them by this section, be a tribunal consisting of such number of members as Her Majesty may by Letters Patent appoint. (2) The jurisdiction of the Tribunal shall be— (a) to be the only appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for actions incompatible with Convention rights) which fall within subsection (3) of this section; (b) to consider and determine any complaints made to them which, in accordance with subsection (4) ... , are complaints for which the Tribunal is the appropriate forum; (ba) to consider and determine any complaints made to them which, in accordance with subsection (4AA), are complaints for which the Tribunal is the appropriate forum; (c) to consider and determine any reference to them by any person that he has suffered detriment as a consequence of any prohibition or restriction, by virtue of section 56 of the Investigatory Powers Act 2016 , on his relying in, or for the purposes of, any civil proceedings on any matter;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 67Exercise of the Tribunal’s jurisdiction.In force
(1) Subject to subsections (4) and (5), it shall be the duty of the Tribunal— (a) to hear and determine any proceedings brought before them by virtue of section 65(2)(a) or (d); and (b) to consider and determine any complaint or reference made to them by virtue of section 65(2)(b) , (ba) or (c). (2) Where the Tribunal hear any proceedings by virtue of section 65(2)(a), they shall apply the same principles for making their determination in those proceedings as would be applied by a court on an application for judicial review. (3) Where the Tribunal consider a complaint made to them by virtue of section 65(2)(b), it shall be the duty of the Tribunal— (a) to investigate whether the persons against whom any allegations are made in the complaint have engaged in relation to— (i) the complainant, (ii) any of his property, (iii) any communications sent by or to him, or intended for him, or (iv) his use of any postal service, telecommunications service or telecommunication system, in any conduct falling within section 65(5); (b) to investigate the authority (if any) for any conduct falling within section 65(5) which they find has been so engaged in;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 67AAppeals from the TribunalIn force
(1) A relevant person may appeal on a point of law against any determination of the Tribunal of a kind mentioned in section 68(4) or any decision of the Tribunal of a kind mentioned in section 68(4C). (2) Before making a determination or decision which might be the subject of an appeal under this section, the Tribunal must specify the court which is to have jurisdiction to hear the appeal (the “relevant appellate court”). (3) This court is whichever of the following courts appears to the Tribunal to be the most appropriate— (a) the Court of Appeal in England and Wales, (b) the Court of Session.
Official text (excerpt) · last checked 2026-09-12 · Read the full text in our law library · Verify at legislation.gov.uk
Investigatory Powers Act 2016
s. 3Offence of unlawful interceptionIn forcecited in 3 of our articles
(1) A person commits an offence if— (a) the person intentionally intercepts a communication in the course of its transmission by means of— (i) a public telecommunication system, (ii) a private telecommunication system, or (iii) a public postal service, (b) the interception is carried out in the United Kingdom, and (c) the person does not have lawful authority to carry out the interception. (2) But it is not an offence under subsection (1) for a person to intercept a communication in the course of its transmission by means of a private telecommunication system if the person— (a) is a person with a right to control the operation or use of the system, or (b) has the express or implied consent of such a person to carry out the interception. (3) Sections 4 and 5 contain provision about— (a) the meaning of “interception”, and (b) when interception is to be regarded as carried out in the United Kingdom. (4) Section 6 contains provision about when a person has lawful authority to carry out an interception. (5) For the meaning of the terms used in subsection (1)(a)(i) to (iii), see sections 261 and 262.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Also relied on in: Recording Conversations at Work UK: Is It Legal?, Recording Phone Calls in the UK: The Law
s. 6Definition of “lawful authority” in relation to interceptionsIn force
(1) For the purposes of this Act, a person has lawful authority to carry out an interception if, and only if— (a) the interception is carried out in accordance with— (i) a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2, or (ii) a bulk interception warrant under Chapter 1 of Part 6, (b) the interception is authorised by any of sections 44 to 52, or (c) in the case of a communication stored in or by a telecommunication system, the interception— (i) is carried out in accordance with a targeted equipment interference warrant under Part 5 or a bulk equipment interference warrant under Chapter 3 of Part 6, (ii) is in the exercise of any statutory power that is exercised for the purpose of obtaining information or taking possession of any document or other property, or (iii) is carried out in accordance with a court order made for that purpose. (2) Conduct which has lawful authority for the purposes of this Act by virtue of subsection (1)(a) or (b) is to be treated as lawful for all other purposes.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 23Approval of warrants by Judicial CommissionersIn force
(1) In deciding whether to approve a person's decision to issue a warrant under this Chapter, a Judicial Commissioner must review the person's conclusions as to the following matters— (a) whether the warrant is necessary on relevant grounds (see subsection (3)), and (b) whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct. (2) In doing so, the Judicial Commissioner must— (a) apply the same principles as would be applied by a court on an application for judicial review, and (b) consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy). (3) In subsection (1)(a) “ relevant grounds ” means— (a) in the case of a decision of the Secretary of State to issue a warrant, grounds falling within section 20; (b) in the case of a decision of the Scottish Ministers to issue a warrant, grounds falling within section 21(4).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 24Approval of warrants issued in urgent casesIn force
(1) This section applies where— (a) a warrant under this Chapter is issued without the approval of a Judicial Commissioner, and (b) the person who decided to issue the warrant considered that there was an urgent need to issue it. (2) The person who decided to issue the warrant must inform a Judicial Commissioner that it has been issued. (3) The Judicial Commissioner must, before the end of the relevant period— (a) decide whether to approve the decision to issue the warrant, and (b) notify the person of the Judicial Commissioner's decision. “ The relevant period ” means the period ending with the third working day after the day on which the warrant was issued. (4) If a Judicial Commissioner refuses to approve the decision to issue a warrant, the warrant— (a) ceases to have effect (unless already cancelled), and (b) may not be renewed, and section 23(5) does not apply in relation to the refusal to approve the decision. (5) Section 25 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 44Interception with the consent of the sender or recipientIn forcecited in 2 of our articles
(1) The interception of a communication is authorised by this section if the sender and the intended recipient of the communication have each consented to its interception. (2) The interception of a communication is authorised by this section if— (a) the communication is one sent by, or intended for, a person who has consented to the interception, and (b) surveillance by means of that interception has been authorised under— (i) Part 2 of the Regulation of Investigatory Powers Act 2000, or (ii) the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 46Interception by businesses etc. for monitoring and record-keeping purposesIn force
(1) Conduct is authorised by this section if it is authorised by regulations made under subsection (2). (2) The Secretary of State may by regulations authorise conduct of a description specified in the regulations if that conduct appears to the Secretary of State to constitute a legitimate practice reasonably required for the purpose, in connection with the carrying on of any relevant activities (see subsection (4)), of monitoring or keeping a record of— (a) communications by means of which transactions are entered into in the course of the relevant activities, or (b) other communications relating to the relevant activities or taking place in the course of the carrying on of those activities. (3) But nothing in any regulations under subsection (2) may authorise the interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the relevant activities for use (whether wholly or partly) in connection with those activities.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Regulation of Investigatory Powers (Scotland) Act 2000
s. 1Conduct to which this Act appliesIn force
(1) This Act applies to the following conduct— (a) directed surveillance; (b) intrusive surveillance; and (c) the conduct and use of covert human intelligence sources. (2) For the purposes of this Act surveillance is directed if it is covert but not intrusive and is undertaken— (a) for the purposes of a specific investigation or a specific operation; (b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and (c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Act to be sought for the carrying out of the surveillance. (3) Subject to subsections (4) and (5) below, surveillance is intrusive for the purposes of this Act if, and only if, it is covert surveillance that— (a) is carried out in relation to anything taking place on any residential premises or in any private vehicle; and (b) involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 6Authorisation of directed surveillanceIn force
(1) Subject to the following provisions of this Act, the persons designated for the purposes of this section shall each have power to grant authorisations for the carrying out of directed surveillance. (2) A person shall not grant an authorisation for the carrying out of directed surveillance unless that person is satisfied— (a) that the authorisation is necessary on grounds falling within subsection (3) below; and (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out. (3) An authorisation is necessary on grounds falling within this subsection if it is necessary— (a) for the purpose of preventing or detecting crime or of preventing disorder; (b) in the interests of public safety; or (c) for the purpose of protecting public health. (4) The conduct that is authorised by an authorisation for the carrying out of directed surveillance is any conduct that— (a) consists in the carrying out of directed surveillance of any such description as is specified in the authorisation;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
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Sources and References
- Regulation of Investigatory Powers Act 2000, s 1, current revised text(www.legislation.gov.uk).gov
- Investigatory Powers Act 2016, s 3(1)-(5)(www.legislation.gov.uk).gov
- Investigatory Powers Act 2016, s 6(1)-(3)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 26(1)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 27(1)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 28(1)-(4)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 32(2)-(5)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 32A(1)-(7)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 36(1)-(4)(www.legislation.gov.uk).gov
- Investigatory Powers Act 2016, s 23(1)-(5)(www.legislation.gov.uk).gov
- Investigatory Powers Act 2016, s 24(1)-(5)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 29(2), (4A)-(5), (6ZA)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 29B(1)-(9)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 49(1)-(4)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 50(1)-(3)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 53(1)-(4)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 46(1)-(5)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers (Scotland) Act 2000, s 1(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers (Scotland) Act 2000, s 6(1)-(4)(www.legislation.gov.uk).gov
- Investigatory Powers Act 2016, s 44(1)-(2)(www.legislation.gov.uk).gov
- Investigatory Powers Act 2016, s 46(1)-(4)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 65(2)-(5)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 67(5)(www.legislation.gov.uk).gov
- Regulation of Investigatory Powers Act 2000, s 67A(1)-(7)(www.legislation.gov.uk).gov
- Investigatory Powers Tribunal, How to make a complaint(investigatorypowerstribunal.org.uk).gov