Must You Declare AI Use in a RIPA Application?

IPCO's Position Explained

By Bob Denaro (KPM) · April 2026

If AI tools — including Microsoft Copilot — are used at any stage of preparing or supporting a RIPA or IPA application, that use should be declared and documented within the application itself. IPCO inspectors will ask. Be ahead of it.

IPCO's Scope of Interest in AI

In March 2025, the Investigatory Powers Commissioner's Office (IPCO) published its Scope of Interest in AI policy. IPCO is principally interested in two things: how AI may increase the number of subjects investigated by public authorities and how it may change the depth of intrusion into privacy rights.

Critically for investigators who may engage RIPA or IPA, IPCO's scope expressly includes commodity IT, such as Microsoft 365 and where AI features are embedded in commonly used software. This is not just about bespoke analytical tools. If AI is used to make, enhance or contribute to a RIPA application including directed or intrusive surveillance, CHIS authorisations, or communications data requests, it falls within IPCO's oversight.

What this means in practice

•       Declare and document. If Copilot or any equivalent tool contributed to drafting or supporting a RIPA/IPA application, record that within the application.

•       Applies at any stage. Preparation, drafting, summarising supporting intelligence , all of it counts.

•       Commodity software counts. 'It was just the AI built into Word' is not an exemption — it is precisely what IPCO has said it wants to see.

•       Expect the question at inspection. IPCO inspectors are actively examining AI use in covert authorisations.

Getting ahead of it

Check whether your authority's RIPA policy addresses AI use. If it doesn't, raise it with your RIPA Co-ordinator or Senior Responsible Officer now, before the inspection, not after. Ensure applicants and Authorising Officers understand the requirement and that the record of AI use is consistent across your applications.

Training that covers this

BDG delivers RIPA Awareness Training, RIPA Applicant Training and RIPA Authorising Officer Training — all updated to cover IPCO's position on AI.

Email info@bdgtrainingconsultancy.co.uk to discuss in-house delivery.

This article is adapted from the BDG Investigator Bulletin, Edition 1 (April 2026). Download the full edition free — and subscribe to receive each monthly edition by email.

This article is provided for professional development purposes and does not constitute legal advice.