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