LBPR's and pr0n etc. scanning

Peter Fairbrother zenadsl6186 at zen.co.uk
Fri, 08 Nov 2002 17:40:16 +0000


Has anyone else looked at RIPA 4(2) recently? That's the bit whereby the HS
can make LBPR's.=20

4(2) says he can do it regarding
(a) communications by means of which transactions are entered into in the
course of that business; or
=A0   =20
(b) other communications relating to that business or taking place in the
course of its being carried on.

So if a Company scanned for pr0n, or private email, or CV's, or job offers,
as has been reported here happens, that could not be covered by the LBPR's,
and would be actionable.

There's a possible debate about the meaning of "taking place in the course
of its being carried on", but I think that is a well used phrase with a
specific meaning in law. Any lawyers care to comment?


I haven't read up on the LBPR's, so I don't know if they allow that sort of
stuff - but the HS can't make regulations that would allow it. Just a
thought.



-- Peter Fairbrother