Interception of Internet Communications and the Right to Privacy: an Evaluation of Some Provisions of the Regulation of Investigatory Powers Act against the Jurisprudence of the European Court of Human Rights

Okechukwu Benjamin Vincents, National University of Singapore

Abstract

This paper examines some sections of Part I of the Regulation of Investigatory Powers Act (RIPA) in the light of UK’s obligation under the ECHR. It particularly asks if the interception practices that could be authorised under the Act will prove permissible under Article 8 ECHR. It establishes that although the RIPA amounts to significant progress in the general area of surveillance, it may be found to be below the privacy standards of the ECHR regarding the conditions precedent to the issuing of an interception warrant and the description of the materials to be intercepted. The paper opines that stronger privacy safeguards than were used for the traditional post-telecommunication may be necessary for the interception of internet communications because of the types and volume of information that could be sent through the internet. The jurisprudence of the European Court of Human Rights is examined to determine how the court is likely to rule when seized.