Investigatory Powers Commissioner (IPC) Functions Greater clarity to oversight functions
The Act includes measures to clarify the scope of error reporting notifications that are to be made to the IPC to include errors of a description identified in codes of practice issued under the Regulation of Investigatory Powers Act 2000 (RIPA 2000), Regulation of Investigatory Powers (Scotland) Act 2000 (RIP(S)A 2000) and the Police Act 1997 (in addition to the IPA 2016). In practice, these relevant errors are already reported to IPCO by public authorities. However, this change makes this reporting of a relevant error a statutory requirement, with the policy aim of closing the gap regarding these reporting obligations by ensuring that there is oversight in respect of errors, as described in codes of practice issued under RIPA 2000 and other relevant legislation. These amendments specifically includes these codes and legislation within the IPA 2016’s error reporting regime (s.231(9)) and clarifies that such errors fall within the IPC’s remit.