BACKGROUND NOTE

REGULATION OF INVESTIGATORY POWERS BILL

"A Bill will be introduced to ensure that the interception of
communications, and the use or other intrusive techniques, continues to be
regulated for the protection both of the rights of Individuals and of
society as a whole."

The Regulation of Investigatory Powers Bill would:

. update the law on the interception of communications;

. strengthen the regulation of covert surveillance and other intrusive
investigative techniques used by public authorities to meet the requirements
of European Convention on Human Rights (ECHR) ;

. provide for lawful access to the means necessary to make encrypted data
intelligible.

The Bill would put into effect the proposals in the consultation paper
'Interception of Communications in the United Kingdom' (CM4368). This was
published on 22 June 1999.

The Bill would continue strictly to limit the occasions on which
communications can be intercepted. And it would ensure that the same
restrictions applied to all communications. A change in the law is necessary
due to the diversification of communications technologies since the
introduction of the Interception of Communications Act 1985.

The Bill would also strengthen the regulation covert surveillance and other
intrusive investigative techniques used by public authorities. This would
extend regulation to cover surveillance (not currently regulated by Part III
of the Police Act 1997) and the use of covert human sources, including the
use of agents, informants and undercover officers.

The final part of the Bill would provide for lawful access to encrypted
data. This would put into effect Part III of the draft Electronic
Communications Bill which was published on 23 July 1999 (CM4417). Where, for
example, law enforcement has lawfully acquired encrypted material, the Bill
would give them specific powers to enable them to make that data
intelligible.

All three elements of the Bill would regulate techniques which are necessary
for the protection of society at large but which can impact on the privacy
of specific individuals. The Bill would strike a balance between these aims
in accordance with our obligations under the European Convention on Human
Rights.

Press Office. Home Office Tel: 0171 2734610

17 November 1999