Surely tapping of phones fall under the Regulations of Investigatory Powers?
I'm afraid I'm not an expert on there regs but as I understand:
It shall be an offence for a person intentionally and without lawful
authority to intercept, at any place in the United Kingdom, any
communication in the course of its transmission by means of-
(a) a public postal service; or
(b) a public telecommunication system.
(2) It shall be an offence for a person-
(a) intentionally and without lawful authority, and
(b) otherwise than in circumstances in which his conduct is excluded by
subsection (6) from criminal liability under this subsection,
to intercept, at any place in the United Kingdom, any communication in the
course of its transmission by means of a private telecommunication system.
There are only certain organisations/people that can apply for a warrant to
intercept communication and a warrant con only be issued by a senior
official.
Warrants are for one specified person or single address sufficient.
I'm not sure if the regulations state whether people should be informed
about tapping or not but it should only be done with the appropriate
warrant.
If it happened to me and I found out about I would want to know if a warrant
had been issued!
Jenny Grodzicka
Information Officer
Wiltshire County Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 11 August 2004 10:59
To: [log in to unmask]
Subject: [data-protection] Non Disclosures to Data Subjects - not advising
them
In a message dated 11/08/04 10:14:47 GMT Daylight Time,
[log in to unmask] writes:
> Many of the same criteria apply to telling people afterwards if their
> phone has been tapped (which happens in some countries). Even if no
> evidence leading to a prosecution is found that time around, it must
> alert some folks to the fact that they should be more careful next time
> they use that particular phone line.
---------
I found out (not directly from the police) that my phone had been tapped,
but
never found out the reason why. Yes I was more careful every time I used a
phone. I had not been doing anything illegal, nor have I done so since.
Should the police withhold this from me in an SAR "just in case"?
Many politicians and union leaders have had their phones tapped for reasons
other than national security - should they not be told this? Who among us
would like to know whether the authorities have been looking at our Internet
usage?
Nothing to hide, nothing to fear? There are strict rules on "tipping off"
and it seems to me some people apply these rules arbitrarily and in many
cases
apply the s28/29 exemptions incorrectly. The prejudice test is often not
considered.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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