According to the Sun spokesman on PM on Wednesday night (not a source
I'd usually quote!) the recording was made by turning on the loudspeaker
and a third party using their mobile as a Dictaphone. So arguable, I
suppose, that it wasn't interception because the recording was made
"after" (in a geographical, rather than temporal sense) the
communication had reached its intended destination, not while it was "in
the course of its transmission" as required by RIPA 2(2)?
I'm aware of lots of discussions on when e-mails cease to be "in the
course of transmission", but hadn't noticed that telephony could raise
the same question :-(
Andrew
> -----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]>
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>
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