Is virus scanning interception?

[David_Biggins@usermgmt.com]

Peter Fairbrother wrote:

> 
> Just having permission from one of those cannot make an 
> interception lawful.
> 

I'm not so sure - because in a case like this where the "person" doing
the scanning is a piece of software contracted on behalf of the client,
and not a separate human being, there is clearly no general third-party
disclosure. 

As such, since the software is now being installed to act in the
contractual interest of the client,  the software (not being human) is
now the software agent of the client, not of a third-party,  and
therefore there is no longer interception as such.

If AV scanning is not allowed in such a condition,  you could surely
proceed to argue that running AV scanning on your own mail client would
be illegal unless you got permission from everyone who was sending to
you or to whom you wished to send email.

## dave ##