Chaps,
An adverse decision from the European Court of Human Rights in 1997 (Halford
v. United Kingdom, (1997) 24 E.H.R.R. 523) resulted in an overhaul of the
regulations and procedures for proper law enforcement interception of
communications. And so we now have the Regulation of Investigatory Powers
Act 2000 (RIPA - see the actual text at
http://www.hmso.gov.uk/acts/acts2000/20000023.htm). Section 1(1) of RIPA
makes it 'an offence for a person intentionally and without lawful authority
to intercept, at any place in the United Kingdon, any communication in the
course of its transmission by means of (a) a public postal service; or (b) a
public telecommunication system'. Section 1(2) creates a similar offence in
relation to a private telecommunication system.
Derogations.
Interception is exempt from criminal liability if it is either made by a
person with the right to control that system, or is made with the consent of
the system controller (s. 1(6)). However, s. 1(3) has created a new tort
(civil wrong) of unlawful interception on a private network (so watch out!):
'Any interception of a communication which is carried out at any place in
the United Kingdom by, or with the express or implied consent of, a person
having the right to control the operation or the use of a private
telecommunication system shall be actionable at the suit or instance of the
sender or recipient, or intended recipient, of the communication if it is
without lawful authority and is either -
a) an interception of the communication in the course of its transmission by
means of that private system; or
b) an interception of that communication in the course of its transmission,
by means of a public telecommunication system, to or from apparatus
comprised in that private telecommunication system.'
RIPA places certain duties on telecom operators to 'provide assistance in
relation to interception warrants to be imposed and complied with' . This
includes Internet Service Providers (ISPs) but it isn't yet clear the extent
to which other players in the liberalised communications sector may also be
included...
Hope that helps,
Jo Archer
----- Original Message -----
From: Chris Spray <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, June 04, 2004 3:45 PM
Subject: Re: [data-protection] RIPA
> Graham/Ian.
>
> As well as RIPA itself, the secondary regulations Jason refers to provide
> additional permission for the interception of communications by businesses
> including private sector businesses which would otherwise be prohibited by
RIPA.
> This permission is part of the legal basis for the monitoring and
recording of
> calls for training purposes that we're used to hearing about.
>
> The regs. apply to interception of communications "in the course of
> transmission". To go back to the original question if the emails are
> intercepted after they have arrived in mail boxes are they no longer "in
> transmission"? Perhaps reference to the regs. and RIPA in the policy
could be
> misleading if "intercepted" at this point? The wording also might be
taken to
> imply to staff that the regulations authorise the interception, when they
just
> permit it - subject to other legal issues being ironed out - DPA and Human
> Rights issues still apply.
>
> Chris
>
>
>
>
>
> Graham Hadfield <[log in to unmask]> on 04/06/2004
14:55:38
>
> Please respond to [log in to unmask]
>
> To: [log in to unmask]
> cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
> Services)
>
> Subject: Re: [data-protection] RIPA
>
>
>
> Ian asks "Are the RIPA guidance notes <snip>incorrect. Or is the Home
> Office guidance incomplete?"
>
> The Home Office Guidance is complete - RIPA powers are only usable by
those
> bodies listed in its Schedules, all of which are public authorities.
>
> The guidance notes are correct . S21 deals with "Lawful acquisition and
> dicslosure of communications data". Subsection (3) provides that there is
> no civil liability if the acquisition is lawful - and in doing so "creates
> civil liability for unlawful interception".
>
> Regards,
> Graham
>
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