紀要論文

プライバシーの保護をめぐる英国2016年調査権限法上の通信傍受と司法コミッショナー

Interceptions of Communications and Judicial Commissioners in the UK Investigatory Powers Act 2016 concerning Protection of Privacy

jpn

00229741

https://doi.org/10.15002/00031493

法政大学経済学部学会

92

4

587

625

2025-03-20

Version of Record

The United Kingdom has no written constitution. The legal sources are common law and statute. The constitutional law of the United Kingdom includes civil liberties. This means freedom to act except as is protected by law, which is known as residual liberty. Interceptions of communications are an intrusive measure against privacy. Privacy requires protection from intrusive measures by government. Ministers of the Crown issue interception of communications warrants. Previously, safeguards against interception warrants were the responsibility of the former commissioners established in the Regulation of Investigatory Powers Act 2000. The former commissioners had powers limited only to the review of warrants. After the Snowden revelation in 2013, Parliament enacted the Investigatory Powers Act 2016. This has safeguards, with Judicial Commissioners reviewing interception of communications warrants. In this article, the independence of Judicial Commissioners approving interception of communications warrants in the Investigatory Powers Act 2016 is considered after viewing the development of the law on the interception of communications.

Article

AN00071028