Monitoring and surveillance at work - a practical guide for trade union reps (March 2020)

Chapter 9

The Investigatory Powers Act 2016 (IPA 16)


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Called the “Snoopers’ Charter” by critics, the IPA 16 permits mass surveillance of electronic devices, allowing intelligence agencies to extract and store information. Surveillance powers under the IPA 16 can only be exercised with a warrant from a judge or the Home Secretary. Data gathered can include your internet browsing history, apps downloaded to your phone, usernames and passwords and cell site data that can be used to pinpoint your location.


In July 2019, civil liberties charity Liberty lost a high court challenge to the IPA 16. Liberty claimed that the powers of “bulk data hacking” under the IPA 16 were unlawfully wide and a breach of HRA 98. The court dismissed Liberty’s claim, ruling that there are enough safeguards against the possible abuse of power, including a new office of Investigatory Powers Commissioner. Challenges to this kind of surveillance can be brought before the Investigatory Powers Tribunal.



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