The Investigatory Powers Bill 2015


The government published a new Investigatory Powers Bill in November 2015 to bring together various different rules covering the surveillance powers of the police and the security services, and provide a unified framework for regulating these powers. The Bill is under review as this booklet went to press.


The Bill also revives proposals blocked under the previous coalition government allowing the police and security services greater access to the communication data of individuals (the draft Communications Data Bill or “snoopers’ charter”, as it was widely dubbed by opponents).


Under the Bill, internet service providers and mobile operators will be required to store data on customer communications, including phone calls made and websites and social media networks accessed, for 12 months in case the authorities need to access this data. Data stored will be limited. It will include, for example, information identifying the sender and the recipient, but not the content of their communications. Although data on websites visited and applications accessed will be stored, details of individual pages viewed or information accessed within a website will not be.


The police and security services will be able to access data on websites visited by individuals without a warrant.


Local councils will be barred from obtaining internet connection records, but will retain some investigatory powers, for example in relation to surveillance of people suspected of benefit fraud. However, local authority workers who abuse these powers for “trivial” offences could face up to two years’ imprisonment.


Internet service providers and phone companies will be required to maintain “permanent capabilities” to intercept and collect the personal data passing over their networks in case the authorities need to access the content of communications, such as, listen to phone calls, or access details of internet pages accessed and postings on social networks. 


Providers will be obliged to assist authorities in "giving effect to equipment interference". In practice, this will mean assisting the police and security services in hacking in to computers and phones remotely, to access communications content and listen to calls. 


In order to access content in this way, the relevant authorities will need to get an “intercept warrant” requiring ministerial approval. The ability to apply for a warrant is limited to nine agencies: essentially the police and various crime-fighting agencies, the security services, GCHQ; HM Revenue and Customs; and the Ministry of Defence. The security services will also have the ability to request access to and intercept “bulk data” covering a large number of people, although a warrant will also be required for this. 


Under the proposals, a new panel of judges will have some ability to veto warrant requests. But it will be possible for this judicial safeguard to be overridden in “urgent cases”.