meta_id 3231162

On June 10, 2026, Gibraltar's Parliament enacted the Investigatory Powers Act 2026 (the Act), a comprehensive legislative framework governing the use of investigatory powers by law enforcement and public authorities. The Act comes into operation on a date appointed by the Government by notice in the Gibraltar Gazette, with different provisions potentially effective on different dates. The Act establishes a statutory regime for interception of communications, acquisition of communications data, equipment interference, surveillance, covert investigations, and investigation of encrypted data. It creates a structured framework centred on privacy protections, proportionality, and accountability. The legislation designates a competent authority—appointed by the Governor in consultation with the Chief Minister—to grant authorisations for targeted interception, equipment interference, and intrusive surveillance. Intercepting authorities, including the Commissioner of Police and Collector of Customs, may apply for authorisations or grant certain lower-level authorisations themselves. The Act establishes an Investigatory Powers Commissioner, also appointed by the Governor in consultation with the Chief Minister, to oversee the exercise of investigatory powers by public authorities. The Commissioner must keep under review the interception of communications, acquisition of communications data, equipment interference, surveillance, covert investigations, and investigation of encrypted data. The Commissioner must report annually to the Chief Minister and may inform individuals of serious errors affecting them. The Commissioner has powers to investigate, inspect, audit, and require disclosure of documents and information from relevant persons. The Act includes specific safeguards for sensitive information, including items subject to legal privilege, confidential journalistic material, and sources of journalistic information. Additional protections apply when authorisations target Members of Parliament. The legislation creates offences for unlawful interception of communications, unlawful obtaining of communications data, and making unauthorised disclosures. It also establishes monetary penalty regimes for certain unlawful interceptions. The Act provides for combined authorisations enabling multiple investigatory powers to be granted in a single instrument. It includes provisions for urgent authorisations granted by intercepting authorities where immediate action is necessary due to imminent threats to life or security interests, subject to retrospective approval by the competent authority within 24 hours. The legislation applies extraterritorially to persons with close connections to Gibraltar and includes provisions for continued surveillance operations under administrative arrangements with other jurisdictions, including Spain.