The OIC can only get involved if personal data are processed
So at a guess it's either "unlawful processing" (i.e. not in accordance
to RIPA), or "excessive processing" (unnecessary use of RIPA powers).
There are also unfair processing outcomes
Chris
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hassan
Sent: 06 June 2008 10:55
To: [log in to unmask]
Subject: [data-protection] Poole BC
Colleagues
According to the website below, Poole Council is to be investigated by
the Information Commissioner in respect of its surveillance activities.
http://www.24dash.com/news/local_government/2008-05-28-Privacy-watchdog-
investigates-Poole-Council-over-use-of-covert-surveillance
This stems from a story in April, when the Council admitted to carrying
out directed surveillance on parents wanting to send their child to a
particular
school:
http://news.bbc.co.uk/1/hi/england/dorset/7341179.stm
This case shows the importance of getting it right when it comes to
surveillance under Part 2 of RIPA. It's not just a matter for the OSC
inspectors, it now seems that the ICO want to get involved as well. I
have previously expressed my doubts as to whether surveillance of
parents comes under RIPA in the light of the IPT case of C v The Police:
http://www.informationlaw.org.uk/USERIMAGES/irrvcvpolice.pdf
The question now should be is the surveillance being carried out in
relation to a core/regulatory activity of the public authority ?
It will be interesting to see what ICO says. Perhaps the reason why they
are getting involved is because it is not a RIPA issue!
Ibrahim Hasan
(www.informationlaw.org.uk)
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