The Home Secretary has today (17 January 2023) appointed Lord
(David) Anderson KBE KC to carry out an independent review of the
Investigatory Powers Act
2016.
The Investigatory Powers Act provides a framework for the use of
investigatory powers by the security and intelligence agencies,
law enforcement and other public authorities. These powers cover:
- the interception of communications
- the retention and acquisition of communications data
- and equipment interference for obtaining communications and
other data
The act also makes provision relating to the security and
intelligence agencies’ retention and examination of bulk personal
datasets. The effective operation of the act ensures that
there is appropriate oversight in place to give the public
confidence in the use of these important powers. Section 260 of
the act requires that the secretary of state prepare a report on
the operation of the act during a 6 month period between May 2022
and November 2022. This report will be published and laid in
Parliament in due course.
Lord Anderson previously held the post of Independent Reviewer of
Terrorism Legislation for 6 years, during which he carried out 2
independent reviews which informed the original act.
Lord Anderson’s review will be entirely independent from the Home
Secretary’s statutory report and will assess the case for
legislative change, now or in the future. The review will focus
in particular on the effectiveness of the bulk personal dataset
regime, criteria for obtaining internet connection records, the
suitability of certain definitions within the act, and the
resilience and agility of warranty processes and the oversight
regime.
Lord Anderson will carry out his own consultation with law
enforcement, the intelligence agencies, and wider public
authorities, as well as other external organisations and
individuals with an interest in this work.
He will conclude his review and publish his findings in a report
later this year.
Biography
KBE KC is a
barrister at Brick Court Chambers in London.
Between 2011 and 2017 he served as Independent Reviewer of
Terrorism Legislation. He reported on investigatory powers in “A
Question of Trust” (2015) and “Bulk Powers Review” (2016). In
2018 he was knighted for services to national security and civil
liberties, and appointed to the House of Lords where he sits as
an independent cross-bench peer.
