Why the UK needs to rethink the Investigatory Powers Act and allow intercept evidence in court | Computer Weekly
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Why the UK needs to rethink the Investigatory Powers Act and allow intercept evidence in court | Computer Weekly
"The Investigatory Powers Act 2016 (IPA 2016), now 10 years' old, is seriously out of date. It provides the main legal framework within which the police, the intelligence and security services, and the courts access and use evidence in electronic form. Digital evidence now features in 90% of all crimes, from street incidents to those with more obvious high-tech components."
"There are 88 million UK smartphone contracts serving a population of 69 million. Each of these devices records the activities of its owners and, via records of connections to cell masts, shows their movements. Around 70% of the population uses social media every day. Credit card purchases and travel activities also create potential evidence. Public systems such as ANPR, CCTV and facial recognition add to the mix."
"Most people are in favour of the investigating authorities having strong powers and are ready to complain about intelligence failures when crimes appear to have gone undetected. But those same people become alarmed when they realise that powers to hack into their smartphones and computers mean that, without controls, their financial status via banking links, their health records via the NHS App, and their intimate correspondence, photos and downloads are now potentially available to the UK authorities."
The Investigatory Powers Act 2016 is outdated and inadequate for current digital evidence needs. Digital evidence appears in about 90% of crimes, spanning low-tech street incidents to sophisticated cyber-enabled offences. There are 88 million UK smartphone contracts and widespread use of social media, cloud services, ANPR, CCTV, and facial recognition that generate pervasive records of activity and movement. Credit card transactions, travel data, and commercial supply-chain exchanges add further evidential sources. Forensic technicians actively evaluate new technologies for reliability as evidence. Public support for strong investigative powers coexists with concern that hacking powers could expose banking, health, and intimate personal data. Law requires clarity and consistent application.
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