Abstract
The IPA provides the legal framework for UK intelligence agencies to intercept communications, collect bulk data, and conduct equipment interference (hacking). It requires communications providers to retain connection records and assist with decryption. The law has been criticized as the most extensive surveillance legislation in Western democracies.
Summary
The Investigatory Powers Act 2016, nicknamed the ‘Snoopers’ Charter’, consolidates and expands UK surveillance powers. Intelligence agencies (GCHQ, MI5, MI6) can conduct bulk interception of communications, retain bulk datasets, and hack devices (equipment interference). ISPs must retain ‘internet connection records’ showing which websites users visit for 12 months. The law requires communications providers to assist authorities in removing encryption where feasible and maintain permanent interception capabilities. Warrants for targeted interception require judicial approval, but bulk powers have less oversight. The law applies to both domestic and foreign communications accessible from UK territory. While the UK has strong data protection through UK GDPR, the IPA creates significant surveillance exposure, particularly for communications transiting UK infrastructure or stored with UK-accessible providers.
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