Strengthening powers for lawful interception of communications

Government approval has been secured to develop strengthened legislation on the lawful interception of communications. This legislation is needed to ensure that the law in this area is up-to-date and can yield intelligence that is vital for dealing with serious criminality and threats to the security of the State.

Officials in the Department of Justice will now work with the Attorney General’s Office, other Departments and State agencies to develop the General Scheme of the new legislation.

Key Features of Proposed Reform of Lawful Interception Legislation.

1. A new Communications (Interception and Lawful Access) Bill to update and replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, which predates the telecoms revolution of the last 20 years
2. A clear statement of the general legal principle that lawful interception powers needed to address serious crime and security threats are applicable to all forms of communications
3. Improved international cooperation and meeting Council of Europe requirements
4. The inclusion of a new legal basis for the use of covert surveillance software as an alternative means of lawful interception to gain access to electronic devices and networks for the investigation of serious crime and threats to the security of the State
5. Provision for the use of electronic scanning equipment which can locate and record identifier data from mobile devices when deployed in specific areas
6. Robust legal safeguards, including judicial authorisation of interception requests, to provide assurance that lawful interception can only be permitted where lawfully authorised in specific cases and only where the circumstances meet a test of being necessary and proportionate to deal with issues relating to serious crime or threats to the security of the State
7. Mechanisms to promote technical cooperation and sharing of best practice

You can read about these Key Features in more detail here.