On Tue, 13 Jun 2006 15:38:32 +0100, Nigel Roberts <[log in to unmask]>
wrote:
>I think that possibly any such interception may contravene the human
>rights convention for those places which are classified as a public
>authority.
There are possible breaches of both Article 8 and Article 10 ECHR but both
Articles are qualified and the derogations need consideration.
It is possible to interfere with the Article 8 right not only where that
is "in accordance with the law" (so Lawful Business Practices etc) but
also "for the prevention of disorder or crime, or for the protection of
health or morals, or for the protection of the rights and freedoms of
others."
Whilst one person might not be offended by email correspondence containing
swear words others might, and there is no knowing to whom a message may
be forwarded following receipt.
I seem to recall that the 1984 Telecommunications Act makes it an offence
to send a message that is offensive or obscene (so potentially a crime
enabling the derogation to be employed if it isn't alrady for public
morals purposes) and although it might be stretching it a bit, the test in
the 1959 Obscene Publications Act for what is obscene is based on the
effect on the person receiving the communication/article.
Since public authorities as legal persons can be liable then it could be
argued that its probably safest if they do take precautionary measures as
a failure to do so might amount to a failure to reasonably protect
employees from harassment - which could lead ultimately to a nice little
earner in the Employment Tribunals! And there's case law on that too!
So I'm not convinced that an argument constructed on Articles 8 or 10
would be that robust. Of course this doesn't solve the problems of
perfectly innocent messages being blocked.
rgds,
Kevin Broadfoot
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