“Unique expertise in the fields of interception and surveillance.”

Legal 500

BCL’s knowledge of surveillance and interception law is unrivalled, drawing on the outstanding experience of the former Director of Legal Affairs at GCHQ, Michael Drury. The main focus of the team’s work is the UK’s complex investigatory powers legislation and associated Codes of Practice laws which govern access to electronic and other information by law enforcement authorities and the security services.

Our advisory work often involves consideration of the Intelligence Services Act 1994, the Police Act 1997, the Regulation of Investigatory Powers Act 2000, the Wireless Telegraphy Act 2006, the Investigatory Powers Act 2016 and its secondary legislation, and applicable data protection legislation.

Additionally, we advise domestic and US ‘covered providers’ on their obligations under the UK-US Data Sharing Agreement reached in 2019, as well as on related provisions of the Crime (Overseas Production Orders) Act 2019 and the applicable Criminal Procedure Rules.

Our work encompasses voluntary disclosure of information to law enforcement agencies using the ‘information sharing gateways’ in the Counter Terrorism Act 2008 and Crime and Courts Act 2013, as well as challenges brought in the Investigatory Powers Tribunal to the unlawful exercise of surveillance and interception powers by state authorities, including breaches of the Human Rights Act 1998 / Convention rights.

We also provide prospective advice with regard to forthcoming legislative developments relating to surveillance and interception law, as well as on the implications of judicial decisions by domestic and overseas courts on the legality of state activity in this highly specialist field.

Our expertise

The services provided by our surveillance and interception specialists include:

• advising on the obligations arising under notices and warrants issued under the investigatory powers legislation;
• providing advice in relation to the criminal prohibitions on the unlawful interception of communications;
• advising overseas telecommunications operators on ‘conflict of laws’ issues arising from the exercise of domestic UK investigative powers legislation;
• assisting ‘covered service providers’ with preparation for and compliance with their obligations under the UK-US Data Sharing Agreement and related legislation;
• providing guidance on disclosure to state authorities using the statutory information sharing gateways, including the extent of the ‘immunity’ provisions;
• strategic and presentational guidance when dealing with information requests / demands by state agencies; and
• challenging the unlawful use of covert powers by state agencies.

Our experience

Our recent instructions in the field of surveillance and interception include:

• in conjunction with US lawyers, developing internal compliance materials in preparation for the operation of the UK-US Data Sharing Agreement and Overseas Production Orders for a social networking service;
• developing a UK GDPR-compliant decision-making framework for a fintech company on receipt of requests for voluntary provision of personal data to law enforcement agencies in exigent situations;
• advising a social media company on its obligations in relation to demands for communications data under investigatory powers legislation;
• advising an SME on the technical capability provisions of the investigatory powers legislation and the relevant code of practice;
• providing advice to a mobile communications service in relation to territorial implications of demands for data by UK law enforcement;
• advising on a challenge in the Investigatory Powers Tribunal to the unlawful access to legally privileged material by a law enforcement agency during the exercise of covert powers under the Police Act 1997; and
• reviewing the lawfulness of surveillance and monitoring of an HNW client by a financial regulator.