RIP s22 notices SI
Roland Perry
roland at linx.net
Mon, 10 Jun 2002 20:47:46 +0100
In message <B92AB110.1F125%peter.fairbrother@ntlworld.com>, Peter
Fairbrother <peter.fairbrother@ntlworld.com> writes
>I can't see anything in RIPA that would
>prevent the HO from just demanding all traffic data with a "blanket"
>warrant
While I share many of the doubts expressed about the extension to new
public authorities, the point mentioned above is covered by the tests of
proportionality and necessity. 22(5) refers.
However, we have a strange situation, where the police service have a
strict RIPA manual [1], and training procedures, and the background of
years of operating PACE and, whereas the new Public Authorities don't.
Therein lies considerable cause for concern.
[1] For example, their application form for RIPA data includes the
words: "Collateral intrusion is unwarranted or unauthorised intrusion
into the privacy of innocent third parties or intrusion into the privacy
of the subject for purposes other than that necessary for the
investigation .... Failure to properly take account of collateral
intrusion will mean the application is rejected."
--
Roland Perry