Call for update to surveillance laws which predate first iPhone - Jersey Evening Post

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Call for update to surveillance laws which predate first iPhone

by Christie Bailey 2 August 202631 July 2026

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JERSEY’S laws governing covert surveillance and the interception of communications should be reviewed to keep pace with technological advances, according to an independent watchdog – who warned that the current legislation predates the first iPhone.

In his latest annual report, Investigatory Powers Commissioner Rt Hon James Wolffe KC said the Island’s legal framework had been heavily based on UK legislation but had not kept pace with technological developments or changes elsewhere.

“The present Jersey legislation predates the introduction of the first iPhone,” he wrote, adding that the relevant authorities “will wish to consider whether the legislation should be updated in light of technological developments and legal changes elsewhere”.

Despite that recommendation, the commissioner concluded that Jersey’s existing powers continued to be used “lawfully and proportionately” and made an important contribution to tackling crime.

The report found that interception, surveillance and property interference powers were used in support of 33 operations during 2025, leading to arrests, charges and convictions, as well as the seizure of drugs with an estimated value of more than £3.5 million and cash.

During the year, 30 interception warrants were granted, all linked to the prevention and detection of serious crime. Inspectors found satisfactory compliance with the legislation and effective arrangements for safeguarding intercepted material.

A further 139 authorisations were approved to obtain communications data, mainly in investigations into drug offences and indecent images of children, while 32 directed surveillance authorisations, seven intrusive surveillance authorisations and 14 property interference authorisations were also granted, largely in connection with serious crime and drug trafficking.

The commissioner also said progress had been made in the management of covert human intelligence sources, although further improvements were still needed.

Three reportable errors relating to the use of investigatory powers came to light during the year, but he said these did not undermine his overall conclusions.

Summing up the report, Mr Wolffe said the powers “continue to make a significant contribution to the prevention and detection of crime in Jersey” and that Islanders “have good reason to be confident that the use of these powers serves the public interest”.

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