The power to apply for warrants under section 106 of the Investigatory Powers Act 2016 came into effect on 28th November. It allows law enforcement chiefs (for example Chief Constables and appropriately nominated immigration and HMRC officers – for the full list see Schedule 6, Part 1 & 2) to decide to issue targeted equipment interference warrants under the Act. Such warrants can then be issued from 5th December. However unless urgent, the warrant will need to be reviewed and approved by a Judicial Commissioner.
The provisions are given effect by Regulations 2 and 3 of the Investigatory Powers Act 2016 (Commencement No. 9) Regulations 2018 published this week
A further Regulation 4 comes into force on 16th January 2019 and prohibits law enforcement agencies from making applications for property interference authorisations under section 93 of the Police Act 1997 to obtain communications, private information or equipment data, where the applicant considers that the conduct is an offence under ss 1 to 3A of the Computer Misuse Act 1990 and the conduct can instead be authorised under an equipment interference warrant.
The Home Office has issued a press release about these new powers can be read on the Gov.uk website.
