New RIPA ammendment(s) probably coming in "autumn"

[Roland Perry]

In message <20020729140001.AC183C149@davros.tardis.ed.ac.uk>, James 
Hammerton <james@tardis.ed.ac.uk> writes
>> You probably need to wait and see what the Code of Practice and
>> individual agency manuals say, before deciding on the probability of
>> abuse.
>
>What legal force do those CoPs have? How do they get enforced?

They are approved by Parliament (whether by negative or positive 
resolution) and enforced by sundry Commissioners. The Surveillance 
Commissioner has recently set up a website for Part 2, and the 
Interception Commissioner deals with all of Part 1. They appear to 
divide Part 3 between them.

>Yes, and who will ensure that the CoPs are adhered to?

As well as the Commissioners, the various investigating bodies have 
professional standards units. And the slightest whiff of malpractice is 
enough to get a case thrown out of court. Where there's a matter that 
offends against a CSPs, then there are bodies in the trade who act in 
such circumstances.

> It sounds like the agencies themselves
>will decide what sort of punishments to put in place, but this should
>have been in RIPA.

Because they are approved by Parliament, the CoP are regarded as part of 
RIPA. The modern trend towards secondary legislation (SIs) and CoP of 
this kind are often perceived as less transparent.

>Just because the govt has already enacted this legislation
>and did so (it claims) in order to bring existing practice into line
>with the HRA does not mean it is beyond reform or criticism.

Agreed, but timetabling of major reforms is something that will take 
years, hence my comment; because the time to object to this Act was so 
recent.

>> The
>> existing Independent Body is the Interception Commissioner (a poor
>> choice of name for someone who will be spending most of his time
>> scrutinising Comms Data)
>
>And his role, regarding Comms Data, is what exactly?

See 57(2)(b).

     shall keep under review-

     the exercise and performance, by the persons on whom they are
     conferred or imposed, of the powers and duties conferred or imposed
     by or under Chapter II of Part I;

-- 
Roland Perry
[Taking a short break from his holiday]