United Kingdom: Code of Practice for equipment interference entered into force

On 6 June 2025, the Code of Practice for equipment interference, under Schedule 7 to the Investigatory Powers Act 2016, admissible as evidence in criminal and civil proceedings entered into force. The Code outlines the legal framework for equipment interference, addressing functions conferred by Part 5 on equipment interference and Chapter 3 of Part 6 of bulk equipment interference of the Act. It details when an equipment interference warrant is required or available to authorise activity, specifying that targeted and bulk equipment interference warrants are subject to a double lock approval process involving the Secretary of State and a Judicial Commissioner for intelligence services. The Code provides guidance on procedures to be followed, including the examination, retention, destruction, and disclosure of information obtained, and mandates safeguards such as special protections for legally privileged or confidential information, journalists, and members of the legislature. Furthermore, it clarifies that warrants authorise interference with equipment to obtain communications, equipment data, or other information, encompassing both physical and remote interference, and also authorise incidental conduct necessary for the expressly authorised activities. The Code is primarily intended for public authorities, including intelligence services, law enforcement agencies, and the Ministry of Defence, and details collaborative working, oversight by the Investigatory Powers Commissioner, and reporting mechanisms.