Dear Andrew
Thank you for your comments, they are most interesting.
The 29(3) form I received has requested 'emails sent from [name] account between [time] and [time]'. I can't be sure whether I received the request on this form because I asked specifically for this form to be completed and the officer in question is unaware of the other methods, or because they think this is the most appropriate form to use for the requested information.
As I only intend to release the relevant personal data and not the wider email content, I expect I shall receive a further request for the full email content.
Kind regards
Christine
-----Original Message-----
From: Andrew Cormack [mailto:[log in to unmask]]
Sent: 18 December 2016 13:44
To: Cartwright, Christine <[log in to unmask]>; [log in to unmask]
Subject: RE: Police request for content of emails
Christine
If they really want *content* of e-mails (as opposed to the list of senders and recipients, which is RIPA s.22) then DPA s.29 used to be the standard method of disclosing that.
However one of the phone hacking cases (in 2013) seemed to produce an interpretation whereby access to content of e-mail held on a mail server (as opposed to on the end-user's phone/tablet/PC) would be interception (i.e. RIPA s.5 requiring an order from the Home Secretary). That's because "transmission" of the message was held to continue "for so long as the system is used to store the communication, and whilst the intended recipient has access to it in this way". See para 28 of the judgment at http://www.bailii.org/ew/cases/EWCA/Crim/2013/1026.html
The case concerned access to stored voicemail messages, but I can't see any reason why e-mail would be different.
I did try to get confirmation of this at the time from the Home Office, PITO and CPS, but promises to "get back to you" didn't result in anything. Anecdotally, my impression was that no one was getting DPA s29 notices for content any more (PACE production orders might be another alternative). So if you have now received an s.29 request for message content from a mail server, then that would be a very interesting data point.
Andrew
--
Andrew Cormack
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> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:data- [log in to unmask]] On Behalf Of Cartwright,
> Christine
> Sent: 15 December 2016 09:24
> To: [log in to unmask]
> Subject: Police request for content of emails
>
> Hi all
>
>
>
> I've recently received an informal request from the police for the
> content of a student's emails following their arrest. I've asked for a
> completed s.29(3) form in the thinking that the content of the emails
> would count as personal data, but I've now started second-guessing
> myself and would be grateful for a second opinion on this!
>
>
>
> I am presuming the police are looking for correspondence about the
> offence for which he has been arrested, so if the student had written
> an email to someone speculating on or actually about their intent to
> commit the offence would we be able to consider that for release as the student's personal data?
>
>
>
> Apologies if this is an obvious question but it's certainly one that I
> don't want to get wrong!
>
>
>
> Thanks
>
> Christine
>
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