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/>
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