Regulation of investigatory powers act 2000: proposed amendments affecting lawful interception

The UK government is running a short, targeted consultation in respect of two specific changes to RIPA to address an incorrect transposition of European Directives.

Those changes concern:

    * informed consent when both parties consent to their communications being intercepted
    * the creation of a sanction for unintentional unlawful interception

The consultation will run until 7 December.

Although the transposition of the E-Privacy Directive was completed in 2003, the European Commission has identified deficiencies in the way in which the Data Protection Directive and the E-Privacy Directive were transposed.

The UK is now seeking to make changes to RIPA to address two of these issues, namely:

   1. the existing offence in RIPA only addresses intentional unlawful interception
   2. in the provisions where both parties consent to an interception the requirement for consent is not the same as in other data protection legislation.

The proposals are set out in detail in the accompanying document.

Please send your response to:

Lucy Watts
Home Office
5th Floor Peel Building 2 Marsham Street



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