In article <3CBD376F.16891.17FFF0@localhost>, J F Hitches
<[log in to unmask]> writes
> > The last dying days of disclosure under DPA. Most Human Rights
>> experts would claim this was not a request "at law" and therefore
>> leaves you open to a challenge from the individual. The answer is
>> to get an RIP s21 notice
>
>But that would surely only apply to communications data?
It applies to anything that a comms supplier knows about its
user/customer - not just details of specific session - other than the
content of communications.
The original question included:
- dates/times/locations of logins
- whether an individual may have visited a particular web site
(e.g. Hotmail)
And both of those are covered [but not which *page* of the Hotmail site
was visited - that's classed as content].
>Most police requests do not relate to communications data but to
>general data held. RIP Act would not then be relevant
RIPA allows requests for "any information not falling within paragraph
(a) or (b) that is held or obtained, in relation to persons to whom he
provides the service, by a person providing a postal service or
telecommunications service.", and if the photo is classed as
information, then it would qualify.
> so it is
>back to the ACPO form - which is an indemnity not a request.
It doesn't *indemify* the data controller (for any consequential
costs/damages), but he could use it as a defence in a legal action.
> It
>is still up to the data controller to decide whether or not to
>disclose and to satisfy himself that disclosure meets DPA and any
>other criteria.
Yes, for the 29(3), not for RIPA.
--
Roland Perry
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