Description

Home Office adopted Code of Practice for interception of communications

On 5 June 2025, the UK Home Office adopted the Code of Practice for Interception of Communications, providing guidance for functions under Part 2 (interception) and Chapter 1 of Part 6 (bulk interception) of the Investigatory Powers Act 2016. The Code outlines procedures for the lawful interception of communications and the obtaining of secondary data, with definitions provided in Chapter 2 of the Code and Section 4 of the Act. It is applicable to public authorities listed in Section 18 of the Act, alongside postal and telecommunications operators, to ensure adherence to established procedures. The Act stipulates that all codes of practice, including this one, are admissible as evidence in criminal and civil proceedings. Lawful interception necessitates a warrant issued under Part 2 or Chapter 1 of Part 6 of the Act, encompassing targeted interception warrants, targeted examination warrants, and bulk interception warrants. The Code further details safeguards for the handling, retention, and dissemination of intercepted material, ensuring compliance with privacy protections under Article 8 of the European Convention on Human Rights. The authorisation process for interception warrants requires approval from both the Secretary of State and a Judicial Commissioner. Specific provisions are introduced for privileged or confidential information, such as communications involving legal professionals, journalists, and members of relevant legislatures, mandating additional oversight and handling measures. Furthermore, the Code addresses bulk interception warrants, explaining the selection process for examining intercepted material, the requirement for targeted examination warrants for individuals within the UK, and defining the Investigatory Powers Commissioner's role in oversight and auditing.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2024-10-08
in consultation

On 8 October 2024, the UK Home Office initiated a consultation on a Code of Practice for intelligen…

2025-01-06
processing consultation

On 6 January 2025, the UK Home Office closed its consultation on the Code of Practice for intellige…

2025-06-05
adopted

On 5 June 2025, the UK Home Office adopted the Code of Practice for Interception of Communications,…

2025-06-06
in force

On 6 June 2025, the Code of Practice for interception of communications, providing guidance for fun…