RIP s22 notices SI

Richard Clayton richard at highwayman.com
Mon, 10 Jun 2002 22:35:45 +0100


-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

In article <B92AD612.1F193%zenadsl6186@zen.co.uk>, Peter Fairbrother
<zenadsl6186@zen.co.uk> writes

>> Roland Perry wrote:
>
>> 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.
>
>I suspect, especially in light of the EU Parliament decision, that if the
>Home Sec decides it's "proportionate to what is sought to be achieved" then
>the warrant will be issued.

the Home Secretary is not one of the people who can issue s22 notices :(

[[well he may be because of his position within the Met, but this will
mean he can only deal with the London force]]

I think you're confused with s8 (Interception)

>Who's to stop him anyway? Or even make public his action, if he and the PM
>don't want it reported? 

I can see nothing in Part I Chapter II which suppresses knowledge of s22
notices. People may wish to avoid indicating who the s22 notice was
about, but I don't see why one should not say that one had an s22 notice
with the Home Secretary's signature on it.

>There isn't any judicial review or anything.

for s22 I think there may well be

- -- 
richard                                              Richard Clayton

Are you a Friend of FIPR yet?       http://www.fipr.org/friends.html

-----BEGIN PGP SIGNATURE-----
Version: PGPsdk version 1.7.1

iQA/AwUBPQUbsRfnRQV/feRLEQKgwACg0XPAyv9zpyBpP1Tte+MunYQkdDEAnjeJ
r4J0S0neD1QwqeKhy5fsQ3SL
=Li/E
-----END PGP SIGNATURE-----