(263) Individuals can obtain redress for violations of the IPA 2016 before the Investigatory Powers Tribunal.

(264) The Investigatory Powers Tribunal is established by the RIPA 2000 and is independent from the executive (487). In accordance with Section 65 of the RIPA 2000, the members of that Tribunal are appointed by Her Majesty for a period of five years. A member of that Tribunal may be removed from office by Her Majesty on an Address (488) by both Houses of Parliament (489).

(265) Under Section 65 of the RIPA 2000 the Tribunal is the appropriate judicial body for any complaint by a person aggrieved by conduct under the IPA 2016, RIPA 2000 or any conduct of the intelligence services (490).

(266) To bring an action before the Investigatory Powers Tribunal (“standing requirement”), according to Section 65 of the RIPA 2000 an individual has to believe (491) that the conduct of an intelligence service has taken place in relation to him, any of his property, any communications sent by or to him, or intended for him, or his use of any postal service, telecommunications service or telecommunications system” (492). In addition, the complainant is required to believe that the conduct has taken place in “challengeable circumstances” (493) or “to have been carried out by or on behalf of the intelligence services (494). As in particular this “belief” standard has been interpreted quite broadly (495), bringing a case before that Tribunal is subject to low standing requirements”.

(267) Where the Investigatory Powers Tribunal considers a complaint made to them, it is the duty of the Tribunal to investigate whether the persons against whom any allegation is made in the complaint have engaged in relation to the complainant as well as to investigate the authority that has allegedly engaged in the violations and whether the alleged conduct has taken place (496). Where that Tribunal hears any proceedings, it must apply the same principles for making their determination in those proceedings as would be applied by a court on an application for judicial review (497). In addition, the addressees of the warrants or notices under the IPA 2016, and every other person holding office under the Crown, employed by the police force or the Police Investigations and Review Commissioner have the duty to disclose or provide to that Tribunal all such documents and information as the Tribunal may require for the purpose of enabling them to exercise their jurisdiction (498).

(268) The Investigatory Powers Tribunal must give notice to the complainant whether there has been determination in his or her favour or not (499). Under Section 67(6) and (7) of the RIPA 2000, the Tribunal has the power to issue interim orders and to provide any such award of compensation or other order as it thinks fit. This may include an order quashing or cancelling any warrant or authorisation and an order requiring the destruction of any records of information obtained in exercise of any power conferred by a warrant, authorization or a notice, or otherwise held by any public authority in relation to any person (500). According to Section 67A of the RIPA 2000, a determination of the Tribunal can be appealed, subject to leave granted by the Tribunal or relevant appellate court.

(269) Finally, it is worth noting that the role of the Investigatory Powers Tribunal has been discussed in the context of legal actions before the European Court of Human Rights in several occasions, notably in the case of

Kennedy v. the United Kingdom