RIP s22 notices SI
Richard Clayton
richard at highwayman.com
Mon, 10 Jun 2002 16:42:50 +0100
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In article <55ED5FD3B4D2D41193E60002A5090BCD01B3DEE0@clerkenwell.pres.co
>, Owen Blacker <owen.blacker@wheel.co.uk> writes
>> -----Original Message-----
>> Sent: Monday, June 10, 2002 2:41 PM
>> Subject: [mt] More RIP stuff
actually (another plug for the FIPR alerts service) this message (the
97% of the text I recognise) was originally sent on Saturday as soon as
we became aware of this development.
[BTW: the Home Office RIP page still doesn't have a link to the Order]
details of the alerts service at:
http://www.fipr.org/friends.html
Anyway - here's the FIPR response:
- --------------------------------------------------------------------------
FIPR Press Release:
FOR IMMEDIATE USE: 10 June 2002
FIPR appalled by huge increase in Government snooping
- -----------------------------------------------------
The Regulation of Investigatory Powers (RIP) Act is to be amended before
it even comes into force to dramatically increase the number of official
bodies that can access personal details of phone calls and emails. The
Act was hugely controversial when it went through Parliament in 2000,
with defeats for the Government in the Lords and significant changes
being made to prevent its complete rejection.
Now the powers that were originally only given to the police, customs,
secret services and the taxman are to be made available to a huge range
of Government departments, local authorities, the NHS and even to
Consignia (the Post Office).
Ian Brown, Director of FIPR commented, "I am appalled at this huge
increase in the scope of Government snooping. Two years ago, we were
deeply concerned that these powers were to be given to the police
without any judicial oversight. Now they're handing them out to a
practically endless queue of bureaucrats in Whitehall and Town Halls."
The powers contained in RIP Part I Chapter II allow notices to be served
on telephone companies, Internet Service Providers (ISPs) or postal
operators to obtain information such as the name and address of users,
phone numbers called, source and destination of emails, the identity of
web sites visited or mobile phone location data accurate to a hundred
metres or less.
However, this part of the Act has proved to be complex to implement. A
draft Code of Practice only became available for consultation in Autumn
2001 and is still being rewritten to reflect the poor reception it
received. The Government is now suggesting that this process will be
completed by August, but this is only the latest date in a long series
of missed deadlines.
Ian Brown remarked, "The difficulty that the Government has encountered
in getting the right processes in place for the police should make us
ultra-cautious in extending these powers to such a wide range of bodies.
We don't think that there's been enough resources put into the oversight
arrangements for the current proposals, let alone what will be needed
for this huge extension. In practice, these bodies are going to obtain
this personal data on anyone they wish, without any effective way of
checking what they're doing".
He continued, "which websites we visit or where we travel with a mobile
phone in our pocket reveals a great deal of personal information.
Accessing this information needs to be made more difficult, not opened
up to this huge range of new enquirers. I look at this list and wonder
not at who they've added, but if I can possibly think of anyone they've
left out."
Contacts for enquiries:
- -----------------------
Ian Brown
Director
Foundation for Information Policy Research
ian@fipr.org
07970 164526
William Heath,
Vice-Chairman, FIPR
william.heath@kablenet.com
07973 115024
Notes for editors
- -----------------
1. The Foundation for Information Policy Research (www.fipr.org), is a
non-profit think-tank for Internet and Information Technology policy,
governed by an independent Board of Trustees with an Advisory Council
of experts.
2. The order to be debated by Parliament is at:
http://www.legislation.hmso.gov.uk/si/si2002/draft/20022322.htm
it is expected to be debated by the Commons on 18th June and the
Lords some time after.
3. A RIP s22 notice will reveal details held by a communications service
provider such as...
name and address
service usage details
details of who you have been calling
details of who has called you
mobile phone location info
source and destination of email
usage of web sites (but not pages within such sites)
4. The current list of bodies allowed to serve RIP s22 notices is:
Police (all the forces, MOD police, NCS, NCIS)
Secret Intelligence Agencies (MI5, MI6, GCHQ)
Customs and Excise
Inland Revenue
5. The order extends the list of public authorities that can issue RIP
s22 notices (ie to access traffic data from telcos and ISPs)...
...to add the following central Government departments:
1. The Department for Environment, Food and Rural Affairs.
2. The Department of Health.
3. The Home Office.
4. The Department of Trade and Industry.
5. The Department for Transport, Local Government and the Regions.
6. The Department for Work and Pensions.
7. The Department of Enterprise, Trade and Investment for Northern
Ireland.
AND pretty much any local authority:
8. Any local authority within the meaning of section 1 of the Local
Government Act 1999
9. Any fire authority as defined in the Local Government (Best Value)
Performance Indicators Order 2000
10. A council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994
11. A district council within the meaning of the Local Government Act
(Northern Ireland) 1972
AND NHS bodies in Scotland and Northern Ireland:
12. The Common Services Agency of the Scottish Health Service.
13. The Northern Ireland Central Services Agency for the Health and
Social Services.
AND some other bodies:
14. The Environment Agency.
15. The Financial Services Authority.
16. The Food Standards Agency.
17. The Health and Safety Executive.
18. The Information Commissioner.
19. The Office of Fair Trading.
20. The Postal Services Commission.
21. The Scottish Drug Enforcement Agency.
22. The Scottish Environment Protection Agency.
23. The United Kingdom Atomic Energy Authority Constabulary.
24. A Universal Service Provider within the meaning of the Postal
Services Act 2000
- -----End of original message -----
- --
richard Richard Clayton
Are you a Friend of FIPR yet? http://www.fipr.org/friends.html
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