There was an article in Computeractive about the approach of the Police
to ISPs to provide details of email use - originator, destination etc:
apparently this is already a routine requirement for BT and other
telephone companies.
This information is used to build a map of contacts; and all of it is
perfectly legal and doesn't require a warrant!
I was discussing this with a solicitor friend (commercial lawyer) with
an interest in privacy, and he's sent me a copy of the letter he sent to
his ISP.. I don't think he's had a reply yet!
Has anyone taken it up with their ISPs? if so, anyone had a reply?
Mary
Dear Mary,
[snip]
I recommend all internet users to write to their ISPs on the lines of
the following letter (sent by me to my ISP), with any variations
suitable to their case:
>>>>
Dear Sirs,
I have a dial-up account with you, and I am writing to raise a
concern with you about the confidentiality of Internet communications.
I have read of a proposed memorandum of understanding between UK
Internet Service Providers and the Association of Chief Police Officers.
This is apparently designed to enable ISPs to be released in certain
circumstances from the restrictions on disclosure of personal data
imposed by the Data Protection legislation.
I wanted to let you know that I regard the following information
as confidential: the content, origin, destination and timing of my
electronic mail messages (sent and received), including the details of
any newsgroups to which I subscribe and the details of messages received
from or posted to them, and also information about websites visited
through the connection you provide. I should also mention that a number
of the messages sent and received are not only confidential but are also
the subject of legal professional privilege.
Whether or not the Data Protection restrictions on disclosure
apply, therefore, I would regard the release of the information I have
described as a serious breach of confidence. Where the police (or any
other body) obtain a warrant, or a subpoena or other order from a court
of competent jurisdiction, of course I accept that you are bound to
comply. Short of that, I have the strongest objection to private
bargains being made for the release of confidential information.
I very much hope that you will be able to confirm that you will
respect the confidentiality of the information I have described. I have
a high regard for the quality of your service, especially your user
support, and have recommended you to others who have been equally
pleased with the results. I hope that your approach to customer
confidentiality will be just as commendable.
Yours faithfully,
<<<<
Mary Hawking Kingsbury Court Surgery Church Street Dunstable LU5 4RS
tel:01582 663218 (surgery)fax:01582 476488 (surgery)
Member of British Healthcare Internet Association
Dunstable and Houghton Regis Locality Commisssioning Pilot
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