The Regulation of Investigatory Powers Act 2000 (RIPA) finally represented a legislative
attempt to provide comprehensive regulation. The Human Rights Act 1998 (HRA) was
designed to give the European Convention a more central role in domestic law. A
requirement of the HRA was that all legislation, past and present, wherever possible
should be read and given effect in a way compatible with Convention rights (s.3) and
where relevant to proceedings before them, the courts must take into account
jurisprudence from the European Court (s.2). Furthermore, all public authorities are
required to act in compliance with the Convention unless they are prevented from doing
so by statute (s.6). This would have the effect of ensuring that the target of any
unregulated surveillance practice by the state would have a right to a remedy in a
domestic court. Arguably RIPA is, therefore, a further example of legislation in this field
being driven by the demands of the Convention: certainly the timing would suggest so.
However, it too has been criticised fo r its procedural rather than substantive compliance
with the Convention. Despite the statements by the Home Secretary, Jack Straw, that
RIPA is Convention compatible and that it is “a significant step forward for the
protection of human rights in this country” (HC Debs. vol.345 col.767), Fenwick argues,
“[I]n certain respects the RIPA realises the worst fears of those who viewed the HRA as
likely to lead to a diminution in the protection for liberty in the UK” (Fenwick, 2000:
345).