keep The Regulation of Investigatory Powers (Investigation of Protected Electronic Information: Code of Practice) Order 2007
This Order (2007 No. 2197) brings into force on 1st October 2007 a code of practice entitled 'Investigation of Protected Electronic Information' under Part 3 of the Regulation of Investigatory Powers Act 2000. The code provides procedural guidance for public authorities exercising powers to access protected electronic information, including encrypted data. It was laid before Parliament in draft on 7th June 2007.
While RIPA represents significant state surveillance power, deleting this Order would not eliminate Part 3 powers—it would merely remove the procedural guidance governing their exercise. Without this code of practice, investigators would lack established procedures for handling protected electronic information, potentially causing greater intrusion, procedural inconsistency, and reduced accountability. The code of practice constrains how existing statutory powers are exercised, providing transparency and limiting arbitrary use of these surveillance authorities. Removal of guidance does not remove the underlying power; it merely leaves its exercise unguided.