Question 1
12 marks
1 12 marks
The Regulation of Investigatory Powers Act (2000) has been described as both a vital legal tool to ensure the public’s safety and an attack on an individual’s freedoms.
Evaluate the purpose and use of the Act.
You should include:
- the additional powers given under the Act
- to whom these powers are given
- the perceived benefits and/or drawbacks of the Act.
Mark scheme 1
Tick each point your answer makes. Your mark is worked out from your ticks, and you can change it.
Mark Band 3 – High Level (9–12 marks)
The candidate demonstrates a thorough knowledge and
understanding of The Regulation of Investigatory Powers Act (RIPA) 2000. The material is generally accurate and detailed.
The candidate is able to apply their knowledge and understanding directly and consistently to the context provided. Evidence/examples will be explicitly relevant to the explanation.
The candidate is able to weigh up both sides of the argument which results in a supported and realistic judgement covering the benefits and drawbacks of the Act. This is well balanced.
There is a well-developed line of reasoning which is clear and logically structured. The information presented is relevant and substantiated.
Mark Band 2 – Mid Level (5–8 marks)
The candidate demonstrates reasonable knowledge and
understanding of The Regulation of Investigatory Powers Act (RIPA) 2000; the material is generally accurate but at times underdeveloped.
The candidate is able to apply their knowledge and understanding directly to the context provided although one or two opportunities are missed. Evidence / examples are for the most part implicitly relevant to the explanation.
The candidate makes a reasonable attempt to come to a conclusion showing some recognition of benefits and/or drawbacks. This may not be
well-balanced, covering one side significantly more than the other, although both sides will be present.
There is a line of reasoning presented with some structure. The information presented is in the most part relevant and supported by some evidence.
Mark Band 1 – Low Level (1–4 marks)
The candidate demonstrates a basic knowledge of The Regulation of Investigatory Powers Act (RIPA) 2000; the material is basic and contains some inaccuracies. The candidate makes a limited attempt to apply acquired knowledge and
understanding to the context provided.
The candidate provides nothing more than unsupported assertions. Any conclusion, if present, will be almost entirely one-sided.
The information is basic and communicated in an unstructured way. The information is supported by limited evidence and the relationship to the evidence may not be clear.
0 mark
No attempt to answer the question or response is not worthy of credit.
Guidance
The following shows example content that may form part of a candidate’s answer. It is not intended to be an exhaustive resource, nor should a candidate be expected to specifically cover any particular amount of this.
Knowledge (AO1)
- Implements additional rights regarding surveillance / monitoring of individuals and acquisition of communications data
- Provides the right for many organisations (including the Police and security services) to do this.
- Purpose is to detect crime and defend national security (e.g. terrorism, public disorder)
- Gives access to individuals’ private communications, such as emails, text messages, phone calls, Internet history.
- Some people feel this is an invasion of their privacy
Application (AO2)
- Monitoring can be carried out by far more organisations than just the Police and Security services – for example, local councils, the pension regulator and the Environment Agency are all able to use surveillance or request data about individuals.
- If files are encrypted, the Act gives powers to force the handover of keys (from individuals or organisations) with a 2 year prison sentence possible on refusal.
- Wide ranging powers have allowed Police and Security services to intercept criminals’
communications and stop / disrupt crime.
Evaluation (AO3)
- In the modern world, it is important that Police and Security services are given the power to deal with electronic communications in this way. Many crimes (e.g. terrorism) can be detected and stopped before they occur, making the public safer.
- However, some say that it is now a “snooper’s charter”, with more organisations using their powers for minor offences such as detecting those lying about their address to get children into a better school or fly-tipping.
- Many communication tools (e.g. WhatsApp) now include end-to-end encryption by default so that messages cannot be divulged by the organisation because they do not have access to it. Other encryption tools include plausible deniability.
Examiner’s Comments
Responses to this question were varied, some candidates showed a clear understanding of the powers and to whom they are given. Some were aware of the powers but focused on the police or security services in their response. Some went off track, talking about other countries. In general this was not answered well and candidates tended to have a one sided view of the act.