Have a look at the OIC's CoP on Monitoring at Work, Section E p29-39. E.g.
p32 states looking at unopened emails in someone's inbox would be an
interception.
Mike
> From: Chris Spray <[log in to unmask]>
> Reply-To: [log in to unmask]
> Date: Fri, 4 Jun 2004 15:45:20 +0100
> To: [log in to unmask]
> Subject: Re: 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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