Two new Orders were made this week under the UK’s Regulation of Investigatory Powers (RIP) Act by the Secretary of State following the approval by Parliament of drafts earlier this month. They give effect to Codes of Practice on covert surveillance and covert human intelligence sources.

The RIP (Covert Surveillance: Code of Practice) Order 2002 and the RIP (Covert Human Intelligence Sources: Code of Practice) Order 2002 give effect to the two Codes of Practice and will come into force on 1st August 2002.

Under the tag line “Building a safe, just and tolerant society,” the Covert Surveillance Order applies “to every authorisation of covert surveillance or of entry on or interference with property or with wireless telegraphy carried out” by public authorities under certain provisions of the Intelligence Services Act of 1994, the Police Act of 1997 and the RIP Act.

The Covert Surveillance Order sets out the procedures that are required in carrying out surveillance, such as the recording of fixed line or mobile phone conversations, and the steps that must be taken to protect any data obtained. It also identifies the authorisation level for each authority – e.g. a chief constable of the police, or the Chief Executive of the NHS.

The Covert Human Intelligence Sources Code of Practice applies to authorisations of the use of covert human intelligence sources – such as agents, informants and officers working undercover – carried out under the RIP Act.

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