英国《1985年通信截收法》:立法背景、制度架构及当代命运

The Legislative Background, Institutional System and Contemporary Development of the “Interception of Communication Act 1985” in Great Britain

通信截收是英国侦查机构和情报机构长期适用的高效秘密侦查手段,但却缺乏起码的法律依据。1984年,欧洲人权法院就Malone v.the United Kingdom一案所作的判决对推进英国通信截收的立法进程,促使英国《1985年通信截收法》的出台起到了巨大的推动作用。《1985年通信截收法》的内容涉及通信截收之禁止;通信截收许可证的范围、签发、期间及其修正;隐私之保护;通信截收的法律监督及其违法通信截收的救济渠道等等。由于历史的局限性,英国《1985年通信截收法》存在不少缺陷,《2000年侦查权规制法》最终取而代之,从而使英国的通信截收制度更加完备和发达。

The interception of communication is an efficient and secret investigation method applied by UK investigative organizations for ages, which, however, is lack of the fundamental legislative authority. The case of Malone v. in the United Kingdom decided by the European Court of Human Rights in 1984 promoted the legislative process for interception of communication, and the Interception of Communication Act 1985 was made thereafter. This law is concerned with the prohibition of communication, the warrant power including its issuance ,duration and amendment, the protection of privacy, the legal supervision of communication and its legal remedies, etc. However, there are some defects in the law due to the historical limitations, for such reasons, the ＂Regulation of Investigation Powers Act 2000＂ was legislated to take its position. Thus the UK communication fairly became more complete and developed.