I'm not sure Chris but if you're right then the Sun would be able to
rely on special purposes. There is an arguable public interest here
because Mrs Janes introduced the issue of military equipment etc.
K
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of chris pounder
Sent: 12 November 2009 17:06
To: [log in to unmask]
Subject: Re: [data-protection] Recording conversations
Domestic purposes might be difficult to claim if the Sun gave her the
recording machine just in case someone called her about the case.
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 12 November 2009 16:43
To: [log in to unmask]
Subject: Re: [data-protection] Recording conversations
Good argument Kevin - domestic purposes! We had the Regional Asst
Commisisoner's Office here last night and we were on about it but it
really
was not made much clearer to me. I used the Social Work case and I
suggested perhaps it only applied to telephone calls i.e. if you are in
a
meeting and someone is recording without your prior knowledge it may be
different. Your guess is as good as mine!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broadfoot, Kevin
Sent: 12 November 2009 16:09
To: [log in to unmask]
Subject: Re: Recording conversations
Renzo,
Could it be that in Janes/Brown Mrs Janes is a private citizen acting
in a
domestic capacity whereas in Iain Blair's case he was Commissioner of
the
Met Police at the time so it might not be entirely clear whether he was
acting in a private capacity? Constrained argument but the best I can
come
up with.
rgds,
Kevin
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: 12 November 2009 15:56
To: [log in to unmask]
Subject: Re: [data-protection] Recording conversations
I don't do much in the RIPA area, but I am now totally confused by the
law
here.
1. It is not an unlawful interception to record the Mrs Janes/Brown
call
and send it to the Sun.
2. In the Blair case it was (or some say was) an unlawful interception
as
the other person did not know it was being recorded.
I can't see a difference; can anyone?
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask] <mailto:[log in to unmask]>
www.dechert.com <http://www.dechert.com/>
________________________________
************************************************************************
****
*********
The message is intended for the named addressee only and may not be
disclosed to or used by anyone else, nor may it be copied in any way.
The contents of this message and its attachments are confidential and
may
also be subject to legal privilege. If you are not the named addressee
and/or have received this message in error, please advise us by
e-mailing
[log in to unmask] and delete the message and any attachments without
retaining any copies.
Internet communications are not secure and COLT does not accept
responsibility for this message, its contents nor responsibility for any
viruses.
No contracts can be created or varied on behalf of COLT
Telecommunications,
its subsidiaries or affiliates ("COLT") and any other party by email
Communications unless expressly agreed in writing with such other party.
Please note that incoming emails will be automatically scanned to
eliminate
potential viruses and unsolicited promotional emails. For more
information
refer to www.colt.net or contact us on +44(0)20 7390 3900.
________________________________
All archives of messages are stored permanently and are available to the
world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of
the
email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to
[log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE
data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to
[log in to unmask] <mailto:[log in to unmask]&BODY=SET *
NOMAIL>
* To receive emails from this list in text format: send SET
data-protection NOHTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
* To receive emails from this list in HTML format: send SET
data-protection HTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET data-protection HTML>
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
of an
otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list
owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the
moderators, and all requests for technical help to
[log in to unmask],
the general office helpline)
________________________________
**********************************************************************
This email and any files transmitted with it are privileged,
confidential
and subject to copyright. Any unauthorised use or disclosure of any part
of
this email is prohibited. If you are not the intended recipient please
inform the sender immediately; you should then delete the email and
remove
any copies from your system.
The views or opinions expressed in this communication may not
necessarily be
those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing
GSX
email is subject to regular monitoring and any email may require to be
disclosed by the Council under the provisions of the Freedom of
Information
(Scotland) Act 2002.
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
*************************************************************************************
The message is intended for the named addressee only and may not be disclosed to or used by anyone else, nor may it be copied in any way.
The contents of this message and its attachments are confidential and may also be subject to legal privilege. If you are not the named addressee and/or have received this message in error, please advise us by e-mailing [log in to unmask] and delete the message and any attachments without retaining any copies.
Internet communications are not secure and COLT does not accept responsibility for this message, its contents nor responsibility for any viruses.
No contracts can be created or varied on behalf of COLT Telecommunications, its subsidiaries or affiliates ("COLT") and any other party by email Communications unless expressly agreed in writing with such other party.
Please note that incoming emails will be automatically scanned to eliminate potential viruses and unsolicited promotional emails. For more information refer to www.colt.net or contact us on +44(0)20 7390 3900.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|