Regulating strategic communications investigation: The Investigatory Powers Act 2016 (UK) as an exemplar for India
Author Identifier
Phil Glover: https://orcid.org/0000-0002-4898-0904
Document Type
Book Chapter
Publication Title
Comparative Approaches in Law and Policy
Publisher
Springer
School
School of Business and Law
RAS ID
60423
Abstract
This chapter posits that India should consider reforming its strategic communications investigation regulatory framework using the UK’s Investigatory Powers Act 2016 (UKIPA) as an exemplar (Investigatory Powers Act 2016 (UK) c25). It offers three arguments. The first is founded on the UK government’s pre-enactment comprehensive ‘social evaluation’ process involving the publication of draft legislation, extensive stakeholder consultation, and the commissioning of two independent expert reviews (themselves consultative) (These are (i) DAVID ANDERSON QC, INDEPENDENT REVIEWER OF TERRORISM LEGISLATION, A QUESTION OF TRUST: REPORT OF THE INVESTIGATORY POWERS REVIEW (2015, Her Majesty’s Stationery Office), hereafter IRTL, RIPR 2015. (ii) DAVID ANDERSON QC, INDEPENDENT REVIEWER OF TERRORISM LEGISLATION, REPORT OF THE BULK POWERS REVIEW (Cm 9326, August 2016), hereafter IRTL, BPR 2016). Australia is currently replicating this social evaluation process in anticipation of electronic surveillance regulatory reform (See generally Richardson [1]). Social evaluation additionally involved avowing all formerly secret state investigative powers (Equipment Interference and bulk data access powers). The UKIPA’s comprehensive legislative candour has led to it being judicially endorsed as an exemplar of statutory compliance with international and regional human rights norms (See generally Big Brother Watch and Others v UK (Applications nos. 58170/13, 62322/14 and 24960/15) (Grand Chamber) 25 May 2021). The chapter argues that India would thus benefit from a similar legislative approach. A final ‘pro-homogeneity’ argument addresses why India might wish to undertake UK-modelled reform in this area. India’s progressive strategic relationships with the UK and with QUAD partner Australia and their rapidly developing trilateral relationship set the context (Discussed at length in Australian National University National Security Podcast, Working with India: Understanding the Limits and Potential (14 July 2022) https://play.acast.com/s/the-national-security-podcast/working-with-india-understanding-the-limits-and-potential). The argument is that, as their respective national security-focused policies increasingly homogenise, so should their respective national security (including communications surveillance) laws. The chapter concludes with a call for comparative scholarly critique.
DOI
10.1007/978-981-99-4460-6_20
Access Rights
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Comments
Glover, P. (2023). Regulating strategic communications investigation: The Investigatory Powers Act 2016 (UK) as an exemplar for India. In Comparative Approaches in Law and Policy (pp. 337-360). Singapore: Springer Nature Singapore. https://doi.org/10.1007/978-981-99-4460-6_20