Graham/Ian.
As well as RIPA itself, the secondary regulations Jason refers to provide
additional permission for the interception of communications by businesses
including private sector businesses which would otherwise be prohibited by RIPA.
This permission is part of the legal basis for the monitoring and recording of
calls for training purposes that we're used to hearing about.
The regs. apply to interception of communications "in the course of
transmission". To go back to the original question if the emails are
intercepted after they have arrived in mail boxes are they no longer "in
transmission"? Perhaps reference to the regs. and RIPA in the policy could be
misleading if "intercepted" at this point? The wording also might be taken to
imply to staff that the regulations authorise the interception, when they just
permit it - subject to other legal issues being ironed out - DPA and Human
Rights issues still apply.
Chris
Graham Hadfield <[log in to unmask]> on 04/06/2004 14:55:38
Please respond to [log in to unmask]
To: [log in to unmask]
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: Re: [data-protection] RIPA
Ian asks "Are the RIPA guidance notes <snip>incorrect. Or is the Home
Office guidance incomplete?"
The Home Office Guidance is complete - RIPA powers are only usable by those
bodies listed in its Schedules, all of which are public authorities.
The guidance notes are correct . S21 deals with "Lawful acquisition and
dicslosure of communications data". Subsection (3) provides that there is
no civil liability if the acquisition is lawful - and in doing so "creates
civil liability for unlawful interception".
Regards,
Graham
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