RIP FOR INDIVIDUAL RIGHTS?
Kieran Barry
cs97ktb at brunel.ac.uk
Wed, 15 Mar 2000 15:34:04 +0000 (GMT)
On Wed, 15 Mar 2000, Richard D G Cox wrote:
> Kieran Barry <cs97ktb@brunel.ac.uk> wrote:
> > why not create an offence of holding keys without due care
> > and attention. What I am referring to is a regime in any LEA
> > or Intelligence organisation similar to the ones reportedly
> > in place for the handling of classified intelligence material.
>
> "Due care and attention" here would be very subjective and difficult to
> establish: and the CPS might _well_ find it "not in the public interest"
> to prosecute in such cases. Better to impose strict financial liability
> on any authority seizing keys for loss or damage arising from failure to
> keep said keys secure while in their custody.
Fine. IANAL. You're right about this.
>
> Not that such failure would necessarily be significantly easier to prove,
> but it seems to be a step in the right direction.
The important point is that the offence/penalties/duty of care belongs in
the primary legislation.
Please note that any penalties should be unbounded.
Regards
Kieran