Legal Update - 16 April 2024
In 2021, from the case of Big Brother Watch and Others v the United Kingdom [2021] ECHR 58170/13 (Application numbers 58170/13, 62322/14 and 24960/15), the European Court of Human Rights held that RIPA and the associated code of practice did not sufficiently protect Article 10 rights (freedom of expression) relating to confidential journalistic material or sources of journalistic material.
The Investigatory Powers Act 2016 (Remedial) Order 2024 (SI 2024/214) replaces section 154 of the Investigatory Powers Act 2016, and inserts new section 154A into the Act, providing additional protections to confidential journalistic material and sources of journalistic material when acquired through bulk interception.
New section 154(1) and (2) of the Investigatory Powers Act 2016 requires the approval of the Commissioner before criteria are used for certain purposes to select for examination material acquired under a bulk interception warrant. Where there is an urgent need for an approval of such criteria, a senior official acting on behalf of the Secretary of State may give such approval instead of the Commissioner. See PNLD document D38224 for the full details of the newly replaced section 154.
New section 154A of the Investigatory Powers Act 2016 provides for the situation in which material is selected for examination following the giving of approval by a senior official under section 154(2). In such circumstances, new section 154A(2) requires the Secretary of State to inform the Investigatory Powers Commissioner of that approval. See PNLD document D104365 for the full details of new section 154A.
