Grodzicka, Jenny on 11 August 2004 at 11:53 said:-
> It shall be an offence for a person intentionally and without lawful
> authority to intercept, at any place in the United Kingdom,
'Intercept' could have some interesting interpretations for persons who
perceive control as a necessary means of direction.
My experience has been that normally identification of controlling
tendencies can simply be a matter of paying attention to the sequence of
events and related outcomes over a protracted period of time. The objectives
often make themselves very obvious.
Legislation is generally always after the event, so where acceptance is
quietly gained to particular actions, often no legal protection is produced.
I suppose at that point freedom of speech and information should come into
play.
[log in to unmask] on 11 August 2004 at 10:59 said:-
> I found out (not directly from the police) that my phone had been tapped,
but
> never found out the reason why.
Noticing an oddity with communications is quite different from obtaining
sufficient information to adequately trace a culprit or take action. I am
somewhat surprised the police did not have any interest in the matter.
Phone lines have always been acknowledged as totally lacking security, like
the internet is today.
I suppose the first question should be, does any monitoring occur externally
to the communications process, and what means could be used to achieve the
observed ends. After all it all could be very careful analysis, or even
gods way, unless of course some other occurrence(s) directly indicated
otherwise.
Irrespective of those issues though, the DPA 1998, and its exemptions, would
apply, but you do need to be aware of who the data controller is to proceed
in any way. Individual privacy of course is always a casualty to any sort
of monitoring.
Better get lunch now, otherwise I will not have enough energy to type.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Grodzicka, Jenny
> Sent: 11 August 2004 11:53
> To: [log in to unmask]
> Subject: Re: Non Disclosures to Data Subjects - not advi sing them
>
>
> 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
>
> Please Note: The information given above does not replace or
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