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
Lord Anderson of Ipswich 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.
