The Rules of the Investigatory Powers Tribunal have
been updated to reflect this.
They have also been revised to reflect the evolution of
practice and procedures in the Tribunal since they were
written in 2000.
This follows a public consultation that was held on the
rules in November 2017.
The Investigatory Powers Tribunal provides a right of
redress for anyone who believes they have been the
victim of unlawful action by a public authority
improperly using covert investigative techniques.
It is also the appropriate forum to consider claims
alleging the infringement of human rights which are
brought against the security and intelligence agencies.
Security Minister said:
The Investigatory Powers Tribunal plays a vital role
in helping ensure the use of investigatory powers by
law enforcement, our intelligence agencies and local
authorities are properly authorised, necessary and
proportionate.
The new appeal route will provide the ability to seek
redress, assuring people of the stringent safeguards
including those put in place by the Investigatory
Powers Act.
The Investigatory Powers Act 2016 introduced a right of
appeal for decisions and determinations of the tribunal
on points of law that raise an important point of
principle for practice, or if there is some other
compelling reason for granting an appeal.
The appeal route will not operate retrospectively so it
will not be possible to appeal judgments made before 31
December 2018.
Where permission to appeal is granted, appeals will be
heard by the Court of Appeal in England and Wales or
the Court of Session in Scotland.
The updated Rules, which set out the procedures that
the Tribunal should follow, also include a
non-exhaustive list of the functions of Counsel to the
Tribunal and provisions regarding the disclosure of
evidence.
The Investigatory Powers Act brought together powers
already available to the security and intelligence
agencies and law enforcement to obtain communications
and data about communications. It ensures that these
powers, and the safeguards that apply to them, are
clear and understandable.
It radically overhauls the way these powers are
authorised and overseen, including through the creation
of a powerful new Investigatory Powers Commissioner to
oversee how these powers are used. And it ensures the
powers are fit for the digital age.
