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Can your phone be lawfully tapped in the UK?

Many people are worried about their privacy in the technology world, and just the thought of wiretapping makes some of us cringe.


Under the Regulation of Investigatory Powers Act 2016, law enforcement have the power to remotely monitor devices of those suspected of a serious crime — like human trafficking or terrorism — and where either a court has issued a warrant or the Home Secretary has authored the surveillance, but there are strict rules on such a major intrusion on citizens’ privacy. And the Home Secretary can’t sign off wiretap requests in bulk, as each request must be reviewed individually and on a case-by-case basis. Otherwise, any evidence collected may be dismissed in court. This power could still be abused, though, so it comes with criticism. In the past, for example, protesters and activists have had their communications monitored, devices tapped, and then faced political arrest. And this in an example of an unlawful, or potentially unconstitutional, wiretap under both statute law and the common law of the Judiciary.

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